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1982 Supreme(Del) 118

H.L.ANAND
TATA OIL MILLS COMPANY LIMITED – Appellant
Versus
REWARD SOAP WORKS – Respondent


Advocates Appeared:
K.L.AGARWAL, N.K.ANAND, PARVIN ANAND

H. L. Anand, J.

( 1 ) TATA Oil Mills Company Ltd. , plaintiff, in a suit based on infringement of trade marks, copyrights, passing off and for rendition of accounts of profits, seeks to restrain the defendant, during the pendency of the suit, from manufacturing, selling, offering for sale, advertising or dealing in washing soaps under the trade marks 501, 507 or any other deceptively similar trade mark and wrappers as arc identical with or deceptively similar to the wrappers of the plaintiff s 501 half bar washing soap and from 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 enviabl







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