IA Nos. 10477 of 2011 (under Order XXXIX Rules 1 & 2 CPC) & 6818 of 2013 (under Order XXXIX Rule 3A CPC)

1. The aforementioned suit has been filed by M/s. A. Kumar Milk Foods Pvt. Ltd. against Mr. Vikas Tyagi (Defendant No.1) and M/s. Shreedhar Dairy Products (Defendant No.2), both at Meerut, for a decree of permanent injunction restraining the Defendants from using, selling, soliciting, exporting, displaying, advertising or by any other mode or manner dealing in or using the impugned trade mark SHREEDHAR or any other word/mark identical with and/or deceptively similar word/mark to the Plaintiff’s trade mark/label/trade name/copyright in SHRIDHAR in relation to their impugned goods and business of dairy products and other related/allied products and from doing any other acts or deeds amounting to or likely to result in infringement of the Plaintiff’s aforesaid registered trade mark SHRIDHAR; passing off or violating the Plaintiff’s said trade mark SHRIDHAR; violation of Plaintiff’s proprietary rights in its trade name SHRIDHAR.

2. The case of the Plaintiff is that it is the proprietor of trade mark SHRIDHAR in relation to ghee, edible oils, milk, dairy products and other allied and related goods. The Plaintiff has been carrying on the aforementioned business in the name and style of M/s. A. Kumar Milk Foods Pvt. Ltd. having its office at Khari Baoli, Delhi and a works office at 1Km. Ikonda Road, village Mubarek Pur, Joya, Distt. J.P. Nagar, Uttar Pradesh. The Plaintiff states that through its predecessorin-interest it adopted the trade mark SHRIDHAR in 2003 and has been using it same ever since. The trade mark is registered under No. 1250774 in Class-29 under the Trade Marks Act, 1999 (‘TM Act’). The trade mark was registered in the name of Mrs. Sadhana Goel trading as M/s. Shree Om Trading. The Plaintiff claims to have acquired the rights in the said trade mark by virtue of a deed of assignment dated 19th January 2010. An application has been filed with the Trade mark Registry for taking on record the said assignment. It is stated that the Plaintiff company was formed having common directors from the family of Mrs. Sadhana Goel which assigned the said trade mark to the Plaintiff company. The Plaintiff claims to be using the trade mark with the permission and consent of Mrs. Sadhana Goel.

3. The Plaintiff claims that the trade mark SHRIDHAR has become distinctive and is associated with the aforementioned goods of the Plaintiff on account of its long, continuous and extensive use. The Plaintiff claims to have priority in adoption and use of the said trade mark and it states to have acquired goodwill and reputation locally and internationally. The Plaintiff claims that the mark is a well known trade mark within the meaning of Section 2(1) (zg) of the TM Act. The Plaintiff claims to be a market leader and one of India’s largest companies engaged in the manufacturing, distribution and sale of the aforementioned goods and business. It is claimed that the Plaintiff’s products are known for their superior quality and reliability. The Plaintiff claims to be the exclusive proprietor and owner of the aforementioned trade mark and trade name and copyright therein.

4. According to the Plaintiff, Defendant No.1, Mr. Vikas Tyagi, is the proprietor of Defendant No.2, M/s. Shreedhar Dairy Products, at Meerut and is also engaged in the same line of business. The Defendant started using the trade mark SHREEDHAR (hereafter impugned trade mark) in relation to the impugned goods. It is stated that the use of the impugned trade mark by the Defendants in relation to the impugned goods is identical with and deceptively similar phonetically, visually, structurally and in its basic idea and essential features to the Plaintiff’s trade mark SHRIDHAR. The Plaintiff states that the Defendants have copied the artistic feature involved in the Plaintiff’s trade mark thus infringing the Plaintiff’s copyright in the said trade mark. It is stated th