9911796707
TMI Blog1994 (8) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... and logos as well as the cartons used by both the parties for selling their respective products. We also examined the relevant authorities oh the subject, cited by the learned counsel. 3. The undisputed facts are that both the respondent-plaintiff as well as the appellant - defendant manufacture and sell various electrical and electronic goods, cable TV, aerial boosters, solid state boosters etc. The appellant was one of the partners of the firm. viz., M/s. Micronix India along with the respondent- plaintiff. The firm was manufacturing and selling the said electrical arid electronic products, apparatus and instruments etc. since 21st September, 1977, The said firm had a registered trade mark, viz., 'MICRONIX' and logo TM' &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uit is still pending and final conclusions will have to be arrived at after perusal of the evidence produce by both sides. There are two things which impress Us. Firstly, the appellant is not manufacturing any one product such as the boosters, which has been mainly taken into consideration by the High Court. He is producing various electrical and electronic apparatus in many of which micro-chip technology is used. Even the boosters which he manufactures and sells are of two types, viz, transistorised boosters and Integrated Circuit boosters whereas the respondent- plaintiff manufacturers aerial boosters only of the first type. Thus micro-chip technology being the base of many of the products, the word 'micro' has much relevance i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sconces in designs of elongated triangles both above and below the said name. On the other hand, the appellant's trade name 'MICROTEL' is in thick bold letters in red colour without any design around. As regards the logo, the respondent's logo consists of the word 'M' in a slim letter with T sporting a dot on it and drawn in the well of 'M', Below the letter 'M' in small letters is written .the word 'MICRONIX' and all these letters and words are written in white in a black square in north-south direction. As against this, the appellant's logo is one letter, viz,. 'M' which is drawn in bold broad letter with its left leg slimmer than all other parts which are in thick broad brush. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vs. and FM Radios . Again, we do not find that the manner in which the said words are written by both the parties on their respective Cartons are likely to misguide or confuse the buyers. This is apart from the fact that whereas the respondent-plaintiff's carton is in black and white the appellant's carton is fully in colour. 6. Hence we allow the appeal and set aside the impugned order of the High Court. It is made clear that the observations made above are only for deciding whether the appellant should be restrained from using the trade mark, the logo and the carton, at this interim stage. The High Court will not be precluded from coming to a different conclusion at the final hearing on perusing the entire evidence before it. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
