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Sunder Nagar Association Regd. and Ors. Versus Welfare Cultural Club (Regd.) and Ors.

1994 (10) TMI 314 - DELHI HIGH COURT

I.A. No. 2278 of 1994 - Dated:- 20-10-1994 - R.C. Lahoti, J. For the Appellant: Sanjeev Sachdeva, Advocate For the Respondent : Mukul Rohtagi and Sandeep Sethi, Advocates JUDGMENT R.C. Lahoti, J. 1. For the parties the contrary generated may not be so short but the time is certainly so short as can witness only a short and summary order bidding a send off to a shadow likely to besiege Dewali, the festival of lights. The plaintiffs are two: Sunder Nagar Association and Sunder Nagar Women Welfare .....

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on the ground of ground of National Zoological Park adjoining to Sunder Nagar. The plaintiffs utilise the net proceeds of the event for various charitable projects such as running a charitable dispensary, primary school for the poor and providing other facilities of utility to the residents of Sunder Nagar. In the year 1993, the plaintiff No. 2 contributed ₹ 2,25,667/- to the Prime Minister's National Relief Fund. The Mela is held invariably on the Saturday and Sunday preceding the da .....

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nd the plaintiffs became aware of their design to pre-empt the event which belongs to and is certainly associated with the plaintiffs. 2. According to the defendants, there is also a service organisation registered as a society in the year 1990. They have also been holding several fairs for funding their activities in different localities. This year they propose to hold the Dewali mela in the vicinity of Sunder Nagar and hence Sunder Nagar Dewali Mela on the National Zoological Park ground under .....

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ons as to enter into booking of the stalls and several ancillary contracts as to make their position irreversible. 3. From the perusal of the documents the following facts are found prima facie: The plaintiffs claim to have holding Sunder Nagar Dewali Mela for last over 30 years but they have certainly been holding it since 1985. For Sunder Nagar Dewali Mela, 1994, the plaintiff had initiated publicity first in point of time. The defendant for the first time advertised on 11.10.94 Sunder Nagar D .....

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earlier years, it is certain that Sunder Nagar Dewali Mela is being organised for the first time in such a name by the defendant in the vicinity of Sunder Nagar. While the plaintiff Associations do have their links or roots in Sunder Nagar, the defendant do not hail from Sunder Nagar. 4. Sunder Nagar Dewali Mela, 1994 advertised by the plaintiff on 9th October, 1994, is to be held on 29th and 30th October, 1994. The defendants have just entered in between by publicizing on 11th October, 1994. T .....

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fs do have a cause to complain. In Halsbury's Law of England (Fourth Edition, Vol. 48, para 169), it is stated: "Even though it might be possible for a geographical name to be used with adequate distinction in a way which is not deceptive, a name originally purely geographical in its significance may become so associated with the plaintiff goods or services that its use on its own as a trade mark or name without adequate distinction will amount to passing off, especially if it is used i .....

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