M.L.MEHTA
Fena Limited – Appellant
Versus
Fina Europe S. A – Respondent
M.L. Mehta, J.
1. The plaintiff has filed this suit seeking reliefs of permanent injunction restraining passing off and unfair competition, rendition of accounts and delivery up of all goods bearing the trade mark/trade name FINA.
2. The plaintiff, Fena Ltd. is a company registered under the Companies Act, 1956 having its office at New Delhi. The plaintiff’s case is that it is engaged in the business of manufacturing and selling various consumer non-durables including detergent cakes & powder, cleaning preparation, etc. since 1976, of which, the detergent sold under the trade name/trade mark FENA has gained extreme popularity. FENA is a coined word and not a dictionary word. The plaintiff avers that the trademark FENA is a registered trade mark under the Registration Nos. 306411 and 430692 with respect to Class 3 goods dated June 20, 1975 and December 4, 1984 respectively. And that these trademarks registrations were duly renewed and are subsisting till date. The plaintiff submits that on account of excellent quality, country vide marketing network and sustained advertising campaign, its goods have acquired goodwill and reputation not only throughout India, but also in t
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