MANMOHAN SINGH
Hindustan Lever Ltd. – Appellant
Versus
Satish Kumar – Respondent
MANMOHAN SINGH, J.
1. The present suit has been filed for permanent injunction restraining the infringement of trademarks, copyright, passing of, mense profits, damages and delivery up, etc. against the defendant alleging that he is engaged in counterfeiting of fast moving consumer goods (hereinafter referred to as the FMCG) such as shampoos and creams bearing the marks of the plaintiffs.
2. Plaintiff No.1, i.e. Hindustan Unilever Limiteds (formerly known as Hindustan Lever Limited) brands are used in India for a variety of goods including SUNILK, CLINIC PLUS for shampoos; FAIR & LOVELY, PONDS/PONDS DREAM FLOWER, LAKME, ELLE 18, VASELINE, REXONA, AVIANCE and DENIM for cosmetics and toiletries. The details of the relevant registrations for the purpose of this Suit are as indicated below:
MARK REGN. NO. CLASS DATE GOODS
SUNSILK (word) 144805 3 16/8/50 Bleaching
preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery; essential oils; cosmetics; hair lotions; dentifrice
SUNSILK (stylized) 320384 3 17/11/76 Soaps, laundry
preparations, cleaning, polishing, scouring, perfumery, essential oils,
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