V.K. JAIN, J

1. This is a suit for permanent injunction, rendition of accounts, damages and delivery up of the infringing material. The plaintiff is a fortune 500 company, having business operations in 80 countries, dealing in a large number of products and employing 1,38,000/- persons. The plaintiff company is also engaged in the business of manufacturing and selling skin care and personal cleansing products, including anti-aging moisturizer under the trademark OLAY. The plaintiff company is also using the trademarks OLAY TOTAL EFFECTS and TOTAL EFFECTS in respect of anti-aging products. The plaintiff holds registration in respect of trademark OLAY TOTAL EFFECTS in Class 3 of Schedule 4 of Trademarks Act, 1999 in respect of Foundation, Make-up Base, Skin Moisturizing Cream, Lotions and Gels, Skin Whitening Preparations, Facial and Skin Masks, Skin Tonners, Cleansers and Astringents, Eye Masks, Eye Gel Patch, Eye Creams, Lotions and Gels, Skin and Body Massage Creams, Soaps (excluding soaps for fabric use), Perfumeries, Essential Oils, Dentifrices, Shampoo, Conditioners, Hair Styling Preparations, Hair Care Preparations and Hair Colouring Preparations. It also holds registration in respect of the trademark OLAY in Class 3 of the same Schedule. The plaintiff claims turnover of $236 million, $282 million and $344 million for the years 2005-2006, 2006-2007 and 2007-2008 respectively in respect of products sold under the name OLAY TOTAL EFFECTS/TOTAL EFFECTS. The plaintiff company claims to have incurred expenditure amounting to $89 million, $99 million and $111 million respectively during the aforesaid years, on brand support activities undertaken by it across the world. It is further alleged that the plaintiff launched its products under the trademark OLAY TOTAL EFFECTS/TOTAL EFFECTS in India in the year 2007 and has been giving wide publicity to such products, which had sale amounting to Rs.266.65 million in India during the period from 1st July, 2007 to 30th July, 2008. The plaintiff company has incurred expenditure of Rs.263 million in India alone on promotion of the aforesaid trademarks.

2. It is alleged that in or about April, 2008, the plaintiff company came across an advertisement of application No.1224385 for registration of the label, which contains the mark JOY ULTRA LOOK TOTAL EFFECTS in respect of Soap, Perfumery Essential Oils, Hair Lotions and Creams, Dentifrices etc., claiming use of the aforesaid mark/label since April, 2001. The plaintiff filed a notice of opposition to the registration sought by the defendants and the opposition proceedings are stated to be pending. It is further alleged that on carrying investigation, the plaintiff came to know that the defendants are conducting business throughout the country including Delhi using the above referred trademarks and defendant Nos. 1 and 2 have also licensed the aforesaid mark to defendant No.3, which is manufacturing and marketing products bearing the offending label. It is further alleged that the words TOTAL EFFECTS are being used by the defendants only in respect of anti-aging/age defying products and the adoption of the mark TOTAL EFFECTS in respect of identical products cannot be a mere co-incidence and indicates a dishonest and fraudulent intention on their part to derive pecuniary benefits from using the impugned mark/label. The plaintiff, thus, claims infringement of its registered and well known trademark OLAY TOTAL EFFECTS. The plaintiff has sought injunction restraining the defendants from using the trademark TOTAL EFFECTS or any other mark deceptively similar to the trademark of the plaintiff. It has further sought an injunction restraining the defendants from passing off the plaintiff?s trademarks OLAY TOTAL EFFECTS/TOTAL EFFECTS and from applying and obtaining registration in respect of the impugned trademark or any deceptive variation thereof. The plaintiff has also sought damages amounting to Rs.50 lakhs besides seeking

rendition of acc