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  • 39 rules 1 and 2 and section 151 of the Code of Civil Procedure
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  • 39 rules 1 and 2 and section 151 of the Code of Civil Procedure
Smart Summary

Factual and Procedural Background

The plaintiffs, United Brothers, are the registered proprietors of the trade-mark ‘United’ under No. 74649 in class 21, covering aluminium hollow ware utensils for household use. They manufacture and sell pressure cookers, various tiffin boxes, and related products. The defendants manufacture and sell tableware, specifically spoons, forks, and knives, under the trade mark ‘United’ and operate under the trade name ‘United Traders’. The plaintiffs alleged that their goods have attained unique market recognition since 1957, with significant turnover and advertising expenditure, and that the defendants’ use of the ‘United’ mark on spoons and other utensils amounted to passing off their goods as those of the plaintiffs.

The plaintiffs filed a suit and an application under Order 39 Rules 1 and 2 and Section 151 of the Code of Civil Procedure seeking an ad-interim injunction restraining the defendants from using the mark ‘United’ on utensils including spoons. The defendants denied manufacturing utensils, contending that their goods (spoons, forks, knives) fall under class 8, distinct from the plaintiffs’ class 21 registration, and denied any likelihood of confusion or passing off. The plaintiffs countered that spoons, knives, and forks are cognate goods and that the defendants’ use of the mark was dishonest.

On 18th December 1981, an interim injunction was granted restraining the defendants from using the mark ‘United’ on their cutlery. The present opinion addresses the continuation or vacation of that injunction.

Legal Issues Presented

  1. Whether the defendants’ use of the trade mark ‘United’ on spoons, forks, and knives constitutes infringement or passing off of the plaintiffs’ registered trade mark ‘United’ for aluminium hollow ware utensils.
  2. Whether spoons, forks, and knives are cognate or allied goods to the plaintiffs’ goods such that the defendants’ use of the mark would cause confusion among purchasers.
  3. Whether the interim injunction restraining the defendants from using the mark ‘United’ on their cutlery should be continued or vacated.

Arguments of the Parties

Plaintiffs' Arguments

  • The plaintiffs have been in the business since 1957 and have established a unique and popular trade mark ‘United’ for aluminium hollow ware utensils.
  • The defendants’ use of the mark ‘United’ on utensils including spoons is dishonest and intended to pass off their goods as those of the plaintiffs.
  • Spoons, knives, and forks are cognate goods to the plaintiffs’ products, and thus the defendants’ use of the mark causes confusion.

Defendants' Arguments

  • The defendants have been manufacturing and selling tableware (cutlery) under the mark ‘United’ since 1975.
  • The defendants do not manufacture or sell utensils but only cutlery items like spoons, forks, and knives, which fall under class 8, distinct from the plaintiffs’ class 21 registration.
  • The allegation of passing off is unfounded because the goods are different in nature and classification, and there is no likelihood of confusion.
  • The plaintiffs have never manufactured or sold spoons, forks, or knives.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court examined the nature of the goods and their classification under the IVth Schedule. It noted that the plaintiffs’ registered mark covers aluminium hollow ware utensils in class 21, while the defendants’ goods—spoons, forks, and knives—fall under class 8. The defendants denied manufacturing utensils, including spoons, and the plaintiffs’ claim that these are cognate goods was only made in the rejoinder, without final determination.

Prima facie, the court found that spoons, forks, and knives cannot be considered allied or cognate to the plaintiffs’ goods. Even if sold in the same shop or counter, the distinct nature, shape, and use of the goods would prevent confusion among purchasers. The court also found the plaintiffs’ reliance on authorities distinguishable on facts and not applicable.

Accordingly, the court concluded that the injunction previously granted restraining the defendants from using the mark ‘United’ on cutlery should be vacated.

Holding and Implications

The court vacated the interim injunction granted on 18th December 1981 and dismissed the plaintiffs’ application (I.A 3917 of 1981). The parties were ordered to bear their own costs.

The direct effect is that the defendants are permitted to continue using the trade mark ‘United’ on spoons, forks, and knives. The court explicitly refrained from expressing any final opinion on the merits of the controversy, and no new precedent was established.

    United Brothers v. United Traders

    R.N Aggarwal, J.:— The plaintiffs United Brothers are the registered proprietors of the trade-mark ‘United’ registered under No. 74649 in class 21 in respect of aluminium hollow ware utensils for house-hold use. The plaintiffs manufacture and sell pressure cookers, different kinds of tiffin box and other allied products. The defendants are manufacturing and selling table ware, i.e, spoons, forks and knives under the trade mark ‘United’. The trade name of the defendants is ‘United Traders’.

    2. The plaintiffs have alleged that they are in the trade of manufacturing and selling all types of utensils since 1957 and that in the last 3 yeans their goods have attained a unique name and popularity in the market and that their turn over in the 1980-81 was Rs. 23.25 lakhs and in the same year they had spent Rs. 1,18,722.88 on advertisements; that in June 1981 they found that the defendants were manufacturing utensils affixed with the mark ‘United’ which is exactly similar to the plaintiffs ‘trade-mark’ that the defendants by affixing the said mark on house-hold utensils including spoons are passing off their goods as the goods of the plaintiffs.

    3. The plaintiffs have alleged that they are in the market since 1957 and their goods are sold all over India and the defendants had the knowledge of their trade-mark and their adoption of the mark ‘United’ in respect of utensils made of any metal is dishonest and with fraudulent intentions.

    4. The plaintiffs alongwith their plaint filed an application under order 39 rules 1 and 2 and section 151 of the Code of Civil Procedure for an ad-interim injunction order restraining the defendants from adopting the offending trade mark in relation to utensils including spoons.

    5. The defendants in the written statement have pleaded that they are manufacturing and selling tableware (cutlery) under its own trade mark ‘United’ since 1975. The defendants pleaded that they are not manufacturing and selling any kind of utensils. The defendants alleged that the mark of the plaintiffs is registered in respect of aluminium hollow ware utensils for household use, falling in class 21 of the IVth Schedule and that spoons, forks ana knives manufactured by the defendants fall under class 8 of the said Schedule and, therefore, the allegation that the defendants are likely to pass off their goods as those of the plaintiffs is not well founded. The defendants further alleged that the plaintiffs have never manufactured and/or sold any household utensils.

    6. The plaintiffs in the rejoinder to the reply in the I.A pleaded that spoons, knives and forks are cognate goods and the defendants use of the mark is dishonest from its inception.

    7. On 18th December 1981 Mr. Justice Avadh Behari passed an order restraining the defendants from using the mark ‘United’ on the cutlery that they manufacture, namely, knives, forks and spoons.

    8. After hearing the learned counsel for the parties, I am of the considered view that the injunction ordered should not be continued. The suit of the plaintiff is principally founded on the allegation that the defendants are manufacturing utensils including spoons with the mark ‘United’ which is a registered mark of the plaintiffs and thereby the defendants have infringed the plaintiffs mark. The defendants in their written statement have clearly stated that they are not manufacturing any kind clearly stated that they are not manufacturing and selling spoons, knives and forks. The said goods fall in class 8 of Schedule IV whereas the goods manufactured by the plaintiffs fall in class 21. The plaintiffs have never manufactured and sold spoons, forks and knives, and forks manufactured by the defendants are allied or cognate goods. It is only in the rejoinder to the I.A that the plaintiffs stated that spoons, knives and forks are cognate goods. Without expressing any final opinion I am prima facie of the view that forks, knives and spoons cannot be said to be goods allied or cognate to the goods of the plaintiffs; in any case, the sale of the said goods by the defendants can in no case, be considered by the buyer as the goods of the plaintiffs, for, the plaintiffs have never manufactured and sold spoons, forks and knives. The goods manufactured by the plaintiffs and the defendants may well besold in the same shop or the counter but the said goods are so different in shape and use that there cannot be any confusion in the mind of purchases that the goods manufactured by the defendants are of the plaintiffs.

    9. Mr. Anoop Singh, learned counsel for the plaintiffs, in support of his contention placed reliance on some authorities, but in my view they are distinguishable on facts and will have no application to the case in hand.

    10. For the reasons stated I would vacate the injunction order granted on 18th December 1981 and dismiss I.A 3917 of 1981. However, the parties are left to bear their own costs.

    11. Nothing herein above stated shall be taken as an expression of opinion on the merits on the controversy.

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    United Brothers v. United Traders
    (Jan 28, 1982)