HON’BLE MR. JUSTICE S.RAVINDRA BHAT

IA No.12828/2009

1. This order will dispose of an application IA 12828/2009 whereby the defendants seek dismissal of this suit for injunction.

2. The plaintiff in this suit seek permanent injunction to restrain the defendants or their representatives from using selling, soliciting, exporting, displaying, or advertising their goods and the sale of various kinds of cosmetics and personal care products under the trademark “VOV”, which the plaintiff owns. It is contended that the plaintiff company honestly coined and conceived and started using the trademark “VO5” and “VO5 along with the term ALBERTO”, which is its name. The plaintiff companys name is depicted in small letters about the letter V. The plaintiff has produced photographs depicting its trademark. It claims to be using the Mark continuously since 1955 as its proprietor and have built a valuable trade goodwill and reputation in respect of such products under the trademark in question. The suit averments are also that the trademark “Alberto VO5” is registered since 30th May, 1960. It is claimed that the initial registration was renewed periodically and the renewal subsists as on d