M/S P K Overseas Pvt.Ltd.& Anr vs M/S Bhagwati Lecto Vegetarians … on 3 October, 2016

2. As per the plaintiffs the trademark ‘India Salaam‟ was adopted and
put into use in the year 1985 by plaintiff No.2 who was carrying on

FAO(OS) (COMM) No.67/2016 Page 1 of 15
business under the name and style M/s P.K.Enterprises, which trading
name by him was changed to M/s Sun Rise Agro India, which was later on
converted into a company M/s P.K.Agro Enterprises Pvt.Ltd. and thereafter
name changed to M/s P.K.Overseas Pvt.Ltd. That with the consent of
plaintiff No.2, the plaintiff No.1 has also been permitted to use the
trademark ‘India Salaam‟ i.e. said trademark is used both by plaintiff No.1
and plaintiff No.2 for sale of rice. As per the plaintiffs since the year 2009
they conceived of and adopted the trademark ‘Al Habib’ for rice and
registration of the said trademark is also pending. Both plaintiffs used the
trademark ‘Al Habib.‟

Source: Indian Kanoon

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