9911796707
TMI Blog1982 (4) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... m inflinging the registered trade marks and copyright and from passing off its washing soap and business as washing soap and business of the plaintiff. (2) The suit is grounded on the allegations that the plaintiff has, inter alia, been producing and marketing half bar washing soap under the trade mark 501 since over 40 years and the mark has acquired a unique and enviable reputation partly on account of extensive advertisement and publicity and partly on account of the high quality of the product. It is further alleged that the distinctive and unique wrapper of 501 half bar soap used by the plaintiff since October, 1975 has also acquired a wide and enviable reputation amongst the purchasing public and the soap trade. The other features ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive positions as have been placet on the plaintiff's wrappers' It is alleged that defendant has not only adopted an identical and/or deceptively similar trade mark 507 as that of the plaintiff but in addition has adopted an identical and/ordeceptiyely similar wrapper as the weapper of the plaintiff, and that the colour combination, get-up, lay-out and arrangement of the defendant's wrapper, was identical and/or deceptively similar to that of the plaintiff's wrapper solely intended to commit piracy of the plaintiff's eights' in the said marks, design etc. and. to pass off the defendant's goods and business as the goods and business of the plaintiff. (4) The defendant resists the suit and oposes the applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the plaintiff. True, it is doubtful if the numerals 507 per se could be said to be identical with or deceptively similar to the numerals 501, the use of the numerals 507 by the defendant on its wrapper in relation to washing soap of its manufacture in a manner which, having regard to the deceptive similarity between the get-up, the scheme, the colour and the arrangement of lettering in the two competing wrappers gives the wrapper, including the numerals, an over-all effect of deceptive similarity which would prima facie constitute an infringement of the trade marks of the plaintiff in the numerals and the wrapper as also of the Copyright in the wrapper. The comparative description of the wrappers set out in the plaint, which is amply refle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... selling the goods, inter alia, within the territorial jurisdiction of this Court. (7) I would, therefore, grant an injunction restraining the defendant from manufacturing, selling offering for sale, advertising or dealing in washing soap under the trade mark 501, 507 or any other deceptively similar marks and wrappers as are identical with or deceptively similar to the wrappers of the plaintiff 501 half bar washing soap and from in any manner infringing the registered trade mark and copyright of the plaintiff and from passing off its washing soap and business as the washing soap and business of the plaintiff during the pendency of the suit. (8) The cost in this application should abide the cause. - - TaxTMI - TMITax - Indian Law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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