The central legal point established in the judgment is the protection of trademarks and prevention of consumer confusion through the grant of injunctive relief and damages against infringing parties.

Vipin Sanghi, J.

1. The plaintiff has filed the present suit alleging infringement of its trademark ANCHOR by the defendant and, consequently, seeking a decree of permanent injunction to restrain the defendant, it principal officers, family members, stockists, servants, agents and anyone acting for and on its behalf from using the said mark, or the device, or any other mark or device that is identical or deceptively similar, or is a colorable imitation of the plaintiffs’ mark and device for a range of products such as Tea, Amla, Gulab Jal, Coffee, salt, etc., which may result in infringement of copyright and the registered trademark, or passing off, or may amount to acts of unfair competition and dilution of the plaintiff’s registered trademark and copyright. The plaintiff also seeks a decree of rendition of accounts of profits/ damages against the defendant and for a decree for the amount found due upon accounts being taken. The plaintiff prays for an order of delivery of all the material of the defendants bearing the impugned mark, packaging material, pouches, moulds, dyes, shells, cartons, packaging and publicity material etc. for destruction/ erasure.

2. The plaintiff No.1 Anchor Health & Beauty Care Pvt. Ltd.- a company incorporated under the Companies ct, 1956, and plaintiff No.2 Anchor Kenwood Electricals are claimed to belong to the ANCHOR group of companies. Whereas the plaintiff No.1 was incorporated as a company, plaintiff No.2 is a proprietory concern of Sh.S.D. Family Trust. The plaintiffs state that the said group was started in the year 1963 with the trademark and logo ANCHOR by Mr. Damji Lalji Shah and his brother Mr. Jadavji Lalji Shah. The initial range of products offered by the plaintiffs were switches, which were manufactured from a small unit in Mumbai. However, over the past 45 years the group had spread, and is claimed to be a truly Indian Multinational having a large range of products.

3. The plaintiffs claim that they entered into the Fast Moving Consumer Goods (FMCG) market in the year 1996 by introducing Anchor White Tooth Paste, Gel Tooth Paste, Dyna Soap and confectionery items. The plaintiffs claim that they have a large range of products including electrical accessories, lighting appliances, fittings, cosmetics and toilet preparations, soaps, tooth brushes and tooth pastes, medicinal and pharmaceutical preparations, kitchen wares, etc. It is claimed that the plaintiffs’ business under the mark ANCHOR with the device of ANCHOR has grown manifold and the plaintiffs’ business is one of the most successful business houses in India. The total turnover of the group under the mark/ name ANCHOR is claimed to be Rs.900 Crores. The plaintiffs’ claim that they have 18 manufacturing units at 5 locations and employs more than 10,000 people. They claim to have 65 branch offices and over 3 lakh retail outlets in almost every nook & corner of the country. The plaintiffs claim to have entered into collaboration with multinational companies to procure technology for their products. The plaintiffs claim that their products are sold not only in India, but are also exported in various other countries including Nepal and Dubai. The plaintiffs claim that they have distribution set ups in countries like Dubai, Oman, Saudi Arabia, etc. The registered mark and device of the plaintiffs are as follows:

“IMAGE”

4. The plaintiffs claim user of their mark ANCHOR in a large number of classes and for a large specification of goods since the year 1963. The class wise registration claimed to have been obtained by the plaintiffs for its mark ANCHOR and the device aforesaid is as follows:

5. The plaintiffs claim that the mark ANCHOR is registered in a large number of countries and applications for registration are pending in several countries. The countries where the said mark is registered in favour of the plaintiffs, or where registrations are pending are stated to be as follows:

“AUSTRALIA, AZERBAIJAN, BAHRAIN, BANG