2003 (1) TMI 611 - HC - Companies Law

Summary

Issues involved:
Trademark infringement, Passing off, Copyright infringement, Permanent injunction, Rendition of accounts

Trademark Infringement:
The Plaintiff, a partnership firm, had been using the trademark "V.I.P." for their cutlery goods since 1979. The trademark was registered under No. 398540 in Class 8 and had acquired a unique reputation and goodwill. The Defendants started manufacturing and marketing cutlery goods under the deceptively similar trademark "V.L.P.," which was deemed to infringe upon the Plaintiff's registered trademark. The Court found the Defendants' actions to be a clear violation of the Plaintiff's rights in the registered trademark, leading to a decree of perpetual injunction restraining the Defendants from using any trademark identical or deceptively similar to "V.I.P."

Passing Off:
The Plaintiff alleged that the Defendants' use of the "V.L.P." trademark misled unwary purchasers, who recognized the Plaintiff's products by the registered trademark and color scheme. The Defendants were accused of passing off their inferior goods as those of the Plaintiff's superior quality. The Court held that the Defendants' activities caused damage to the Plaintiff's trade and reputation, leading to a decree of permanent injunction to prevent further harm.

Copyright Infringement:
The Plaintiff claimed copyright in the artistic design of their carton, which the Defendants allegedly copied for their packaging. The Court found that the Defendants' carton was deceptively similar to the Plaintiff's, indicating a violation of the Plaintiff's legal copyright. Consequently, a decree of perpetual injunction was granted to restrain the Defendants from infringing the Plaintiff's copyrights.

Permanent Injunction:
The Court issued a decree of perpetual injunction against the Defendants, restraining them from manufacturing, selling, or dealing in goods under the infringing trademark "V.L.P." or any deceptively similar trademark. The injunction also extended to preventing the Defendants from infringing the Plaintiff's copyrights by reproducing or dealing in cartons similar to the Plaintiff's artistic design.

Rendition of Accounts:
The Plaintiff was granted a preliminary decree for rendition of accounts to determine the profits earned by the Defendants from the sales of cutlery goods under the infringing trademark and artistic carton design. A Commissioner was appointed to take accounts, with the Plaintiff bearing the Commissioner's fee. The Plaintiff was entitled to costs in the proceedings, and the suit was decreed accordingly with detailed directions for compliance.