IA Nos. 2922 of 2012 (u/O XXXIX Rules 1 & 2 CPC)

1. The Plaintiff holds registration for the mark ‘Rajnigandha’, in Class 31 which relates to tobacco products. The Plaintiff’s case is that the trademark ‘Rajnigandha’ was adopted by the Plaintiff’s predecessors in the year 1983 in respect of pan masala. The Plaintiff is registered as the subsequent proprietor of this mark since 25th February 2002. The Plaintiff claims that ‘Rajnigandha’, the Plaintiff’s flagship brand, is the world’s largest selling premium flavoured pan masala and that the consumers around the world associate the mark ‘Rajnigandha’ exclusively with the Plaintiff. The export sales of the Plaintiff’s group of the companies under the trade name ‘Rajnigandha’ are set out in para 6 of the plaint. For the year 2010-11, the sales were over Rs. 2.20 crores. The Plaintiff states that it has been spending huge amounts of money in popularizing and publicizing the goods bearing its trademark ‘Rajnigandha’ by widely advertising it in newspapers, magazines, electronic media etc. The worldwide sales figures and the total marketing/communications expenditure for the cumulative businesses of the Plaintiff since 2005-06 h