(May 6, 2002) 2002 (TLS)126914

2002-DLT-98-76 :: 2002-AD (Del)-4-645

JOLEN INC. Vs. Doctor AND Company

J. D. Kapoor

( 1 ). There are three sources for the creation of trade mark rights in any country, namely, registration, prior and continuous user and widespread reputation and goodwill of the mark irrespective of the fact whether or not goods are sold in that particular country as an aggrieved party has a right to protect its reputation and goodwill wherever it is sought to be encashed or traded upon unauthorizedly. Merely because a party has no legal source for sale of its products or even has no business in the foreshares of a particular country does not mean that it has no right to protect the integrity of its reputation or goodwill of its name or trade mark. Such a right is not only inviolable but un-infringeable also.

( 2 ). The plaintiff is a company existing under the laws of the United States of America having its principal place of business at 25, Walls Drive, Fairfield, connecticut, U. S. A. and carries on an established business as manufacturer of a wide range of cosmetics, toiletries and make up articles including inter alia creme bleach to pale hair. Mr.