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High Court Of Delhi
EOVA BALL BEARING INDUSTRIES - Appellant
Versus
MICO BALL BEARING - Respondent
L.P.A. 2183 of 1980
Decided On : 09/01/1980
COPYRIGHT INFRINGEMENT AND PASSING OFF - COPYRIGHT ACT, 1957 - SECTIONS 14, 51, 55, 57, 62 - INFRINGEMENT OF COPYRIGHT - PASSING OFF - INJUNCTION - BALANCE OF CONVENIENCE - IRREPARABLE INJURY.
Fact of the Case:
The plaintiffs and defendants manufactured and sold steel balls under the trademarks "nova" and "jani", respectively. The plaintiffs alleged that the defendants' cartons were similar to theirs in size, color scheme, and get-up, and that this was a deliberate attempt to deceive customers. The defendants argued that they had a copyright in the impugned carton and that the plaintiffs' action was not sustainable.
Finding of the Court:
The court found that the plaintiffs were the prior users of the impugned carton and that the defendants had obtained a copyright in the carton by suppressing the fact of its earlier registration in the plaintiffs' name. The court also found that the defendants' cartons were likely to confuse and deceive customers.
Issues: Whether the defendants' cartons infringed the plaintiffs' copyright. Whether the defendants' actions constituted passing off. Whether the plaintiffs were entitled to an injunction.
Ratio Decidendi: The court held that the defendants' cartons infringed the plaintiffs' copyright because they were substantially similar to the plaintiffs' cartons and were likely to deceive customers. The court also held that the defendants' actions constituted passing off because they were likely to lead customers to believe that the defendants' products were those of the plaintiffs. The court further held that the plaintiffs were entitled to an injunction because the balance of convenience was in their favor and because the injunction would prevent irreparable injury to the plaintiffs.
Final Decision: The court granted a permanent injunction restraining the defendants from using the impugned cartons.
( 1 ) IN this case the plaintiffs and the defendants carry on manufacture and sale of steel balls. The plaintiffs are trading under the trade mark nova and the defendants under the trade mark jani . The Plaintiffs pack and market the steel balls in their artistic carton entitled nova . The salient features of the plaintiffs carton are that 4/5th side panel are red throughout the length and breadth of the carton. On the length side of the panel the expression nova Ball bearing Industries, Delhi 35" is written in white. The breadth side panel indicate the description size 1/4 and "gross" respectively. The upper side panels have blue and white squares with a red band in the centre bearing the trademark nova steel balls. There is slso a red circle in one of the upper side panels in which the initials of the Plaintiffs firm SNB appear prominently. The carton of the plaintiffs is marked Annexure "a to the plaint. The plaintiffs got the copyright of their artistic carton registered in 1978
( 2 ) THE case of the plaintiffs is that the defendadts are packing and marketing their products in cartons having same colour scheme, get-up, lay out and arrangement as that of the plaintiffs cartons and that the above not a matter of chance but a deliberate attempt to deceive unwary class of purchaser to earn profits in illegal manners. The plaintiffs alleged that the steel dalls are generally purchased by illiterate cycle mechanics, servants workmen etc. and that the sale of the goods by the defendants in the cartons in question are likely to be passed off as that of the plaintiffs.
( 3 ) THE defendants in their written statement have pleaded that the plaintiffs have no exclusive right to the square device get up and that there is nothing artistic about it. It is alleged that manufacturers and dealers in several trades including cycle goods, medicinal products, cloth trades etc. are using cartons bearing the square device. The defendants have further alleged that the main feature of the respective cartons is the trade mark of the parties, that is. nova and JANI which are dissimilar visually as well as phonetically and there is no chance or occasion in the purchaser mistaking goods as that of the plantiffs. It is further pleaded that the defendant s carton bear the mark jani as a trade-mark at 5 places which clearly distinguishes the carton of the defendents from that of the plaintiffs.
( 4 ) THE grant of an injunction is discretionary relief. There are three guiding factors which have to be kept in view in refusing or allowing the relief of ad-interim injunction, namely, the proof of a prima facie case, the balance of convenience between the parties, and whether the interim injunction if not granted will cause irreparable injury to the plaintiffs.
( 5 ) AFTER hearing the learned counsel for the parties at length and giving the case my very careful consideration. I am of the view that the above conditions are satisfied in this case and the application must be allowed.
( 62 ) THE Plaintiffs are manufacturing steel balls in the cartons entitled. nova since about 1971, The plaintiffs got their carton registered under the Copyright Act in 1978. The defendants came into the trade of manufacturing and selling of steel bills only in 1980. In para 6 of w/s the defendants have pleaded that they have not sold any goods in the market and they have only supplied samples in the market.
( 7 ) A comparison of the two cartons NOVA and jani would reveal that the two cartons are exactly similar in size, colour scheme and get up, the only difference is that the trade mark of the defendants is written at 5 places and that of the plaintiffs at 3 places. The two cartons bear such a close resemblance that they can easily confuse and deceive a customer.
( 8 ) THE plaintiffs have placed on record a statement of their sales from the year 1971-72 uptill 1978-79 and the statement shows that there has been steady increase in the sales of th
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