problem
ANAGH MISHRA
(Querist) 15 July 2010
This query is : Resolved
In 1985, Allen Chang and his brother Ben Chang established in Calcutta a Company: Chang Motors (P) Ltd registered under the Companies Act, 1956. The Company dealt with manufacture and sale of Luxury cars. They registered their trade mark CHANG MOTORS in 1987. The trade mark is shown below.
Over the years, due to vigorous use of the mark, as well as large amounts spent on advertisements, Chang Motors created for itself goodwill so strong that the consumers began to associate the mark CHANG exclusively with Chang Motors. Chang Motors sold its motors through out India, and had its own service stations in all major cities. It also had technical collaborations with automobile industries in many countries of the developing world.
In 1990, due to difference of opinions and clashes between Allen and Ben, Allen unilaterally reduced Ben’s share in the Company, as a result of which, Ben severed relations with the company and settled down in Bangalore.
In 2005, Ben established a company named Chang Spare Parts Ltd in Bangalore and became its Managing Director. It manufactured and sold Spare Parts for all vehicles. The trade mark CHANG was registered in 2006. The trade mark is shown below.
As of 2006, the financial statement of Chang Motors recorded the Company being worth Rs. 800 Crores, whereas the Statement of Chang Spare Parts showed a net worth of Rs. 20 Crores.
In 2007, Ben Chang was involved in a massive and much publicized auditing scam involving nearly Rs. 50 Crores.
Soon after, Chang Motors issued a Cease and Desist Notice to Ben Chang stating that his use of the mark CHANG infringed the trade mark and trade name of Chang Motors. The notice further claimed that the impugned mark was deceptively similar to the mark CHANG MOTORS and also, the products manufactured by Chang Spare Parts catered to the same class of users as that of the products of Chang Motors.
Upon receiving no response from Ben Chang, Chang Motors filed a suit for infringement of trade mark and trade name on the above mentioned grounds, and seeks injunction.
In the written statement, the defendants denied all allegations. They stated that the plaintiffs did not enjoy monopoly over the surname CHANG. Further, the products in question were registered in different classes. The defendant also claimed that they had established goodwill of their own in the city of Bangalore.
The suit has been instituted in the High Court of Bangalore. No other facts than the facts mentioned are involved in the dispute. the trademarks have been attached as under...!!! can ne1 pls help me with this cae..i mean how to go about with it !
Devajyoti Barman
(Expert) 15 July 2010
If the case is in Kolkata then you can contact me -9831174081
ANAGH MISHRA
(Querist) 15 July 2010
its in the bengaluru high court...i need help..how shid i go about with it !!
B K Raghavendra Rao
(Expert) 16 July 2010
Is a suit filed in High Court? When the case has reached the stage of filing written statement, there shall be an advocate appearing for the defendant and he should be able to help you. If you are the advocate for defendant, as already written statement has been filed by you, nothing beyond what is stated therein could be defended.
This does not seem to be a straight case of query.
