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2011 Supreme(Del) 345

V.K.JAIN
Mahashian Di Hatti Ltd. – Appellant
Versus
Raj Niwas, Proprietor of MHS Masalay – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Kiran Suri, Purvesh Buttan and Aparna Mattoo, Advs.
For Respondents/Defendant: None

JUDGMENT

V.K. Jain, J.

1. This is a suit for permanent injunction, damages and delivery up of infringing material.

The Plaintiff company is engaged in the business of manufacturing and selling "spices & condiments", which are being sold under its registered logo (comprising "MDH within three hexagon device, on red color background). The Plaintiff claims to be using the aforesaid logo trademark since 1949 in respect of various spices titles as "Kashmiri Mirch", "Kasoori Methi", "Meat Masala", "Chat Masala", "Sambar Masala", "Kitchen King" and "Khushbudar Masala".

2. The aforesaid logo trademark is registered in the name of Plaintiff company since 31st May, 1991 and the Plaintiff company claims its use throughout the world. This is also the case of the Plaintiff company that on account of long, continuous and extensive sale, sale promotion and wide publicity given to the products under the aforesaid logo and excellent quality of the products, the Plaintiff company enjoys tremendous goodwill and reputation not only in India but worldwide, in respect of the goods sold under its registered logo trademark. The Plaintiff company claims sale of Rs. 181,90,67,134/-, Rs. 217,24,30,303/- and Rs.


































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