(2019) 258 DLT (CN
14) 14
PARTIES
The Petitioner is a partnership firm trading as M/S Khushi Ram
Behari Lal (Export Division) established in the year 1978 carrying
on the business of processing, marketing and exporting of rice
since 1978. They own the trademark 'TRAIN BRAND WITH DEVICE OF
TRAIN' in relation to said goods and business and have been
continuously using the same since 1978 up to the present time.
The Respondent i.e. M/S Jaswant Singh Balwant Singh is also
engaged in the same business of processing, marketing and exporting
of rice.
BRIEF FACTS
The petitioner firm was taken over as a going concern including
its Trade Marks and other assets and properties by M/s. Khushi Ram
Behari Lal Ltd. with effect from 1.4.1996 under an agreement. The
partners of the petitioner firm were engaged as the directors of
the incorporated company which as on date is carrying on the said
business under the subject matter trademarks, hence, owing to the
previous
