TRADE MARK - PASSING OFF SUIT
Suit No......... of......
In the High Court at …
Ordinary Original Civil Jurisdiction
X Company Ltd., a company registered under the Companies Act 1956 with its registered
office at ................ within the said jurisdiction
...............Plaintiff
versus
M Company Limited, a company registered under the Companies Act 1956 and doing
business at ................outside the said jurisdiction
............... Defendant
The plaintiff states:
1. The plaintiff is trading in manufacturing and dealing in Electronic goods …... The
plaintiff having agents in deferent places in India for vending its products. The plaintiff's
products have won best reputation as its products bear distinguished features in set up
shape, size, layout marking and packaging.
2. The plaintiff is using its Trade Mark X whole its products. The vending of plaintiff s
products are sound base both in side and out side in India.
3. For previous seven years plaintiff has advertised its products under its said Mark by
spending and amount of rupees seven lakh due to that .
4. Due to prolonged advertisement and vending of products public joined the said mark …
to the plaintiff and with the plaintiff's products. Hence the plaintiff enjoys good /reputation
in India and out side India including Bombay within the powers of this hon’ble Court.
5. The goods of plaintiff are produced in Bombay and vended in side and out side India.
Details of sales for previous 5 years are appended in Schedule enclosed marked 'B'. Copies
of deferent newspaper cuttings of advertisements are enclosed herewith
combinedly marked 'C'. Details of advertisement costs annually are stated in a Schedule
enclosed hereto marked 'D'.
6. The plaintiff abided whole compulsory legal formalities and enactments for registering
of its products under Trade Mark …... ,which Trade Mark ….. wasregistered with the
Registrar of Trade Marks, …….Bombay bearing Trade Mark No. 1 in Class I relating to
electronic goods with computers both software and hardware. The Office of the Registrar
of Trade Marks, the concerned Register with Record bearing registration of plaintiff's said
products are within the jurisdiction of this Hon'ble high Court. Certified copies of
application with Certificate of Registration are enclose hereto collectively marked E)'.
7. The said mark …..became very famous among the buyers of the plaintiff's products and
the Mark … became very much concerned with the plaintiff's products.
8. On or about date……year…….. plaintiff's was intimated by Trade Marks
Registry, Bombay that respondent has applied for registration of the alleged Trade Mark
…..for alike goods as that of the plaintiff. A copy of the Letter of Registrar of Trade
Marks, Bombay is enclose hereto marked 'F' intimating to plaintiff said application of the
defendant.
9. The defendant has been erroneously vending the electronic computers and goods
software and hardware through its vending outlets in Bombay bearing said Trade Mark
….within the jurisdiction of this Hon'ble Court. Copies of some cash memos showing
dealer's name, address, goods and the Trade Mark using thereby are enclosed hereto
collectively marked 'G'.
10. The plaintiff says that vending of said products by defendant under Trade Mark
…..has amounted to by passing the plaintiff's goods as the goods of alike nature under a
fraudulently alike Mark. The defendant has hence breached the plaintiff's said Trade Mark
inasmuch as the goods marked XZ is fraudulently alike to that of plaintiff's Trade Mark
XY and the goods are alike and of the same description.
11. The defendant's Trade Mark has been so higher alike to the plaintiff's Trade Mark that
the defendant has been passing off its goods as that of plaintiff's goods and/or defendant is
enabling the others to do similarly and hence defending is getting the last benefit out of
goodwill/ reputation of plaintiff which good will was enjoyed by him for previous many
years. This goodwill was setup at highest cost of plaintiff.
12. The plaintiff says that conduct of defendant relating to vending /advertising of its
products has been deceptive cheating in king as much as same are computed to cheat the
buyer of the plaintiff's goods into assuring that products of defendant are extremely alike to
and extremely related with plaintiff. Thus The public have been wondering about source
/origin of products which are very much alike and/or of alike detail.
13. The defendant due to such vending and advertisements causing highest injury and loss
to public along with plaintiff. The plaintiff has sustained and still sustaining and will
continue to sustained highest loss and injury on defendant continuing with its erroneous
actions by defendant. Un till full discovery is made about vending of product of defendant
the plaintiff can not assert the total amount sustained by it and it likely to be sustained by
plaintiff owing to erroneous actions of defendant.
14.The loss of money or injury done to plaintiff by erroneous actions and conduct of
defendant can not be calculated and there for the indemnification in money can not be
sufficient and adequate for the damage and loss sustained or to be sustained by the
plaintiff.
15. The plaintiff claiming handing over of the breaching dies, blocks, labels etc. for
destruction and cancellation . The plaintiff says that the defendant can not vend its products
or advertise it in market under the Trade Mark …. and hence defendant should be
restrained from vending its products under the Mark …… or advertising the same.
16. cause of action for plaintiffs for suing is emerging day by day because the defendant is
passing off its products as the products of plaintiff, inter alia,
in Kerla andBangalore outside the said jurisdiction and in Bombay within the jurisdiction
of this Hon'ble Court day by day and every day till date and desires in continuing same.
17. The plaintiff's statutory cause of action emerged in Bombay where defendant vended
its products erroneously under the Trade Mark …. alike to the mark of plaintiff cheating
the general public into belief that they have been buying the goods of plaintiff. The office
of Trade Marks Registry is located at ……Bombay within the jurisdiction of
this Hon'ble Court where the plaintiff's said Trade Mark…is registered. As the said passing
off occurred both within and out side the said jurisdiction the plaintiff prays for leave
under cl. 12 of the Letters Patent to file this suit in this Hon'ble Court because portion of
cause of action arose within the jurisdiction of the Hon'ble Court and portion of cause of
action arose in ….. with the defendant is manufacturing the goods and packing the same
with the deceptive Mark ……. and vending the same with intention of passing off the same
as goods of plaintiff outside the jurisdiction of this Hon'ble Court.
18. The plaintiff has other claims and also other causes of action for continuing breach of
plaintiff's Trade Mark and passing off defendant products as product of plaintiff. Hence the
plaintiff bear other claims which cannot be calculated now and prays for leave under Or. 2,
r. 2 of the Code of Civil Procedure 1908 for taking future and proper valid proceedings in
such venue as the plaintiff may be advised.
19- For purposes of jurisdiction /court fees value of suit is Rs......... on which court fees per
stamps have been paid and hence this Court have been jurisdiction in allowing, trying and
deciding this suit.
The plaintiff hence prays for leave per Clause 12 of the Letters Patent per Or. 2, r. 2 of the
Code of Civil Procedure 1908 and claims:
(a) Permanent stay order restraining the defendant, its servants, agents and representatives
from erroneously vending the products or offering for vending or otherwise dealing in any
goods alike to the goods of the plaintiff per Trade Mark …. or any other Mark deceptively
alike to plaintiff's Trade Mark …..;
(b) A Decree due to profits earned by defendant by wrongful use of the mark …. alike to
mark of plaintiff's Trade Mark ….. and a decree for such money favouring the plaintiff
against the defendant as may be found due on calculating the accounts;
(c) Investigation into damages sustained by plaintiff owing to erroneous action of the
defendant and a decree against the defendant for the amount found due on such
investigation;
(d) Decree for handover of breached labels, blocks, dies etc. with advertising and packing
materials and demolition thereof;
(e) Receiver;
(f) Attachment;
(g) Injunction;
(h) Costs;
(i) Other and Further reliefs as the plaintiff legal right and per equity.
Name and address of the plaintiff's Advocate
Signature of the plaintiff
Verification
I, ....................... son of......................... by occupation service residing
at....................... do hereby solemnly affirm on oath and say as under:
1. I am Constituted Attorney /principal officer of the plaintiff and hence I am competent to
sign this plaint and all petitions, Vakalatnamas and affirm affidavits on behalf of the
plaintiff.
2. I know and I have made myself acquainted with the facts and circumstances of this case
and I am able to depose.
3. The statements appended in the paragraphs 1 to 16 of the foregoing plaint inclusive of
cause title thereof are true to my best knowledge basing on records kept by plaintiff and
believed by me to be true and those stated in paragraphs 17 to 19 are my humble
submissions before this Hon'ble Court.
Solemnly affirmed by the said Mr. ...................... at the Court House in Bombay on
this ....... day of..........
Sd/
Before me Commissioner
