w w w . L a w y e r S e r v i c e s . i n



Hasmukhrai & Co. v/s S.K. Food Products


Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- I K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1991PTC051852

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    Notice of Motion No.1101 of 2012 In Suit No.1018 of 2012

    Decided On, 03 October 2012

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE S.J. KATHAWALLA

    For the Plaintiffs: Ms. Blossom Noronha i/b M/s. Jehangir Gulabbhai & Bilmoria & Daruwalla, Advocates. For the Defendants: None.



Judgment Text

P.C.

Heard the Learned Advocate appearing for the Plaintiffs. None for the Defendants though served. In fact, when service was sought to be effected through Court on one of the partners of the Defendants, his son refused to accept service on the ground that his father is in Saudi Arabia. A report to this effect submitted by the Master (Adm.), Board Department dated 19th June 2012 is on record.

2. The present suit is filed by the Plaintiffs to prevent the Defendants from indulging in wrongful actions and continuing wrongs by (i) infringing the registered label marks "SOCIETY TEA" of the Plaintiffs in relation to Tea and using the same on wrappers, pouches and packets; (ii) infringing the distinctive get-up, colour scheme, scheme of arrangement and lay out, inter alia, of the device of cups and saucers and Rupee 1 in English and Devnagari of the registered copyright No.A-52454/94 of the Plaintiffs and (iii) passing off and/or enabling others to pass of the Defendants wrappers, pouches and packets under the trade mark "SAHIL" as and for those of the Plaintiffs and/or any other wrappers, pouches, and packets deceptively similar to label trade mark and/or original artistic work of the Plaintiffs and for other reliefs.

3. The Plaintiffs, with a view to acquire statutory protection, applied for and obtained registration for their artistic label marks in hues of blue and green with, inter alia, the device of cups and saucers and Rupee 1 under a series of "Society Tea" trade marks in English and Devnagari and same has been accepted and registered by the Registrar of Trade Marks under Nos. 530893, 576063, 576065 and 1622985 in respect of tea and coffee falling in Class 30. The aforesaid trade marks are registered trade marks and are duly renewed and are valid and subsisting. Copies of the relevant registration certificates are annexed by the Plaintiffs to the Plaint and the same are marked Exhibit A-1 to A-4.

4. The Plaintiffs also applied for registration of Copyright under the Copyright Act, 1957 of their said distinctive original artistic work in hues of blue. The Registrar of Copyrights registered the said original artistic work under Registration No.A-52454/94 dated 20.01.1994. A photo copy of the extract from Register of Copyright in respect of the said original artistic work dated 20.01.1994 is annexed and marked Exhibit B to the Plaint.

5. The Plaintiffs are the owners of the copyright of their distinctive original artistic work in hues of green colour scheme since 1992 which is the subject matter of the present notice. A coloured label of the distinctive artistic work in hues of green colour scheme as used by the Plaintiffs is annexed and marked Exhibit C to the Plaint.

6. The essential features of the Society Tea wrappers/pouches/packets which is the subject matter of the present Suit and sold in packets of 4g Dust Tea are in detail set out in paragraph 8 of the Plaint.

7. The Plaintiffs have, in paragraph 10 of the Plaint, reproduced a coloured photocopy of the Plaintiffs' wrappers/pouches/packets in juxtaposition with the Defendants' wrappers/pouches/packets. A look at the said wrapper/pouch/packet supports the Plaintiffs' contention that the wrapper/pouch/packet of the Defendants is deceptively similar to and indeed a slavish imitation of the Plaintiffs' "SOCIETY" label/wrappers/pouch likely to cause confusion and deception amongst the public and the trade. The Plaintiffs are also correct in their submission that by printing and using of the word "SAHIL" on labels/wrappers/pouches for tea, the Defendants have committed an infringement of the registered trade marks of the Plaintiffs (Exhibit A-1 to A-4 to the Plaint) all of which are registered in tea in Class 30 as well as infringement of copyright and passing of the Defendants' goods as and for those of the Plaintiffs'. In view thereof, the Plaintiffs have made out more than a prima-facie case in their favour and ar

Please Login To View The Full Judgment!

e therefore entitled to ad-interim reliefs as sought. The balance of convenience is also in favour of the Plaintiffs and against the Defendants. Ad-interim relief is therefore granted to the Plaintiffs in terms of prayer Clauses (a), (b) and (c) of the Notice of Motion. 8. In the event of the Defendants being aggrieved by this order, they may move this Court for appropriate reliefs after issuing notice to Advocates for the Plaintiffs.
O R