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1981 Supreme(Kar) 118
Karnataka High Court
BROOKE BOND INDIA LTD - Appellant
Versus
ROYAL PRODUCTS - Respondent
Decided On : 04-09-81
M.F.A. : 486 of 1981
K.G.RAGHAVAN, S.G.SUNDARA SWAMY
The main legal point established in the judgment is that the defendants' trade marks were deceptively similar to the plaintiff's registered trade marks, leading to a prima facie case of infringement. The court also considered the balance of convenience and laches in granting the temporary injunction.
Headnote:
Trade Mark Infringement - Trade Marks Act - S. 105, S. 106, S. 28, S. 29 - The court found that the defendants' trade marks were deceptively similar to the plaintiff's registered trade marks, leading to a prima facie case of infringement. The court also considered the balance of convenience and laches in granting the temporary injunction.
Fact of the Case:
The plaintiff, a tea company, filed two suits for permanent injunction against the defendants for using deceptively similar trade marks. The plaintiff had registered trade marks for their tea products and alleged that the defendants were infringing their trade marks by marketing tea with similar trade marks.
Finding of the Court:
The court found that the plaintiff had established a prima facie case of infringement as the defendants' trade marks were deceptively similar to the plaintiff's registered trade marks. The court also considered the balance of convenience and laches in granting the temporary injunction.
Issues: The issues included whether the defendants' trade marks were deceptively similar to the plaintiff's registered trade marks, the balance of convenience in granting the temporary injunction, and whether there was laches in bringing the suits.
Ratio Decidendi: The court held that the defendants' trade marks were deceptively similar to the plaintiff's registered trade marks, leading to a prima facie case of infringement. The court also considered the balance of convenience and found that the plaintiff would suffer irreparable loss if the injunction was not granted. The court further held that the delay in bringing the suits did not preclude the grant of the temporary injunction, especially considering the defendants' unconscionable activities.
Final Decision: The appeals were allowed, the impugned order was set aside, and the ex-parte temporary injunction orders issued by the trial Court were made absolute and would continue during the pendency of the suits. The appellant was directed to file a bond to pay damages to the defendants if unsuccessful in the suits.
( 1 ) THESE two appeals are by the plaintiff | company in O. S. Nos. 10268 and 10269 of 1980 and are directed against the common order dated 22-1-1981 passed by the VI Addl. City Civil Judge, Bangalore City, on I. A. No. I instituted in the two suits vacating the ex-parte order of injunction issued in each case.
( 2 ) THE two suits are filed by the same plaintiff viz. , Brooke Bond India Ltd. , agaist the same defendants viz. , Royal products, a proprietory concern, represented by two others, for permanent injunction to restrain the defendants from using the plaintiff's registered trade marks for marketing their tea and from passing off their tea as the tea of the plaintiff Company and, thus, infringing the registered trade marks of 'the plaintiff's concern.
( 3 ) O. S. No. 10268 of 1980 is in respect of the plaintiff's registered trade mark 'brooke Bond Tea Super Dust', with the pictorial representation of a row of coloured flowers. O. S. No. 10269 of 1980 is in respect of the plaintiff's registered trade mark 'brooke Bond A-1 Dust tea with the pictorial representation of a coloured bird resting on a flowery twig.
( 4 ) PLAINTIFF Company instituted two suits under Sections 105 and 106 of the Trade and Merchandise marks Act (XLIII of 1958), hereinafter referred to as 'the Act') read with S. 26 and Order VII Rule 1 of CPC. The plaintiff is a Company incorporated under the Indian Companies act, 1913, engaged tn the production and marketing of tea inter alia. According to plaint averments, the plaintiff company is one of the leaders in tea trade in India and has been, in tea trade for more than half a century. They blend, pack and market tea under different trade marks. By reason of their long standing in business and the high quality of tea marketted by them and the advertisements made by them they have acquired a great name and reputation in the tea trade as blenders and marketeers of excellent quality tea and marketted by them by their trade marks has a wide and receptive market, wholesale and retail, throughout the country. They market tea in 2 forms viz. , leaf tea and dust Leaf tea is marketed applying various trade marks including 'supreme Taj Mahal Red special' and 'red Standard. Dusttea is marketed by the plaintiff Company by various trade marks including 'a-1 dus Super Dust Special Hotel blend' and 'three Roses'. The tea marketted by the plain tiff/ Company under these trade names is identified as the product of the plain tiff| Company.
( 5 ) THE plain tiff Company has registered their trade marks in respect of various brands of tea marketted by them under the Act. The registered trade mark and brand name are printed on labels pasted on packets of the tea marketted by the plaintiff Company. These packets are of different sizes ranging from 500 gms. to 25 gms.
( 6 ) ONE of the trade marks registered by the plaintiff/company is Brooke bond A-l Dust Tea It is the subjectmatter of OS No. 10269 of 1980. In this trade mark the distinctive feature is the pictorial representation of a coloured bird resting on a flowery twig. There is also the name 'brooke Bond' printed above on the left hand side and 'a-l dust Tea' below at the right hand corner. These are available in packets of 500 gms, 100 gms, 50 gms, and 25 gms. This trade mark is registered at No. 18469 on 12-4-1958. The Certificate of registration is produced along with the plaint at Annexres A-l, A-2, A-3 and a-4. They are generally packed in yellow wrappers.
( 7 ) THE other brand that is relevant for our purpose is registered with the trade mark having a distinctive pictorial representation of a row of coloured flowers with the words 'super Dust tea. That is the subject-matter of OS no. 10268 of 1980. The trade mark was registered at No. 301187 on 4-12-1974. The packets are in green colour with pictorial representation of a row of flowers at the bottom.
( 8 ) IT is the case of the plaintiff Company that their turnover for the year ending with 30-6-197
