9911796707
TMI Blog2003 (1) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered under No. 398540 in Class 8 dated 7-12-1982, which was renewed in 1989 and the same is stated to be valid and subsisting as on date. 4. The certificate issued by Trade Mark Registry is exhibited as Exhibit D. 5. The plaintiff has been using cartons for the marketing of their products since the year 1979. The salient features of the Plaintiff s said carton are as under : "The carton is artistic and mainly has a silver colour base. In the centre of the same, V.I.P Classic is printed. Words Stainless Steel Table Cutlery are printed in golden colour on a thin black strip below the word Classic . The right side portion of the box has combination of colours (Cream, Dark Yellow, Red and Black) in an artistic manner. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd design of both the marks are absolutely and confusingly similar. A specimen of the cardboard box/wrapper/carton of the Defendant, is exhibited as Exhibit- C . 10. The defendants having adopted absolutely identical and/or decep-tively similar cardboard box/carton/label having similar colour scheme, get up, layout, writing style and arrangement of words as of the Plaintiff s cardboard box/carton, the said impugned acts of the defendants, it is stated, amounts to infringement of Plaintiff s vested and legal copyright in the artistic work of the cardboard box/carton of the Plaintiff. 11. The defendant s cardboard box/carton/label of the Plaintiff is having only a very minor difference inasmuch as compared to "V.I.P." of the Plaintiff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erwise not entitled. 16. The purchasers and intending purchasers of the said goods, viz., cutlery goods, are ladies, housewives, servants etc. who, plaintiff claims, belong to an unwary class of purchasers, who invariably demand and recognize the Plaintiff s products by the registered trademark and colour scheme of the carton/cardboard box, and therefore, would be misled by the deceptive similarity and confusing likeness. 17. It is also alleged that the defendants are guilty of passing off their inferior and sub-standard products as those of and for the established good and superior quality of the plaintiff s products. 18. On account of Defendant s unlawful and unjust and trade activities, the Plaintiff has suffered damage to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 9-9-1999, the defence of the defendant was struck off for non-payment of cost and the defendant was also proceeded against ex parte . The Plaintiff was thereupon directed to file the ex parte evidence by way of affidavit, which requirement has been duly complied with. 22. It may be pertinent to mention that this Court had issued ad interim injunction on 29-3-1996 restraining the Defendant from using the offending carton titled, "V.L.P." or any other carton, identical and/or deceptively similar to the Applicant s mark and carton "V.I.P.". The absence of contest by the defendants assumes special significance in the light of the prevailing injunction order against them. 23. On the basis of the unrebutted evidence of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eptively similar to the plaintiff s artistic carton/cardboard box/packing/label "V.I.P.". 26. I find that the plaintiff has duly established its right to the relief of rendition of accounts, and accordingly grant a preliminary decree in favour of the plaintiff for rendition of accounts of profits earned by the defendants on the sales of the cutlery goods etc., under the offending/infringing trademark, "V.L.P." and/or artistic carton/cardboard box/label/wrappers titled, "V.L.P." and appoint Shri Pankaj Aggarwal, Advocate of this Court as the Commissioner to take accounts. His fee is fixed at Rs. 15,000 to be paid by the plaintiff in the first instance. He will submit his report after taking evidence, within a period of six months from th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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