After Partnership Dissolution, Trademark To Go To One With Goodwill

The Delhi High Court has granted a temporary injunction in a suit where two brothers were laying claim to the same trade mark despite dissolution of their partnership firm and goodwill being transferred to one.

The injunction was granted in favour of the brother who had the goodwill.

Harmohan Singh filed a suit against Gurbax Singh seeking permanent injunction against passing off, infringement of copyright and rendition of accounts.

The two brothers were carrying on the business of manufacturing of automobile parts under the trade name, Guaranteed Parts Manufacturing Co. They adopted the trade mark, GP.

In September 1997, by mutual consent, they dissolved the partnership by a dissolution deed by which Gurbax Singh relinquished his rights in the partnership. So, Harmohan Singh alone continued to trade under the mark, GP.

However, soon after, Gurbax Singh started his business under the trade mark, GPI which is deceptively similar to GP.

Counsel for Harmohan Singh, Man Mohan Sing submitted that the packing material of his goods were also deceptively similar to those of the plaintiff