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2015 Supreme(Del) 1389
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN SINGH, J.
MOTHER DAIRY FRUIT & VEGETABLE PVT. LTD. - Plaintiff
Versus
VINAYAKA MILK PRODUCTS - Defendant
CS (OS) NO.144/2011
Decided On : 15-07-2015
Advocate Appeared:
For the Plaintiffs : Mr. Nishchal Anand, Adv. along with Mr. Aman Taneja, Adv.
For the Defendant : Defendant Ex-parte
The central legal point established in the judgment is the protection of trademarks and copyrights under the relevant laws, and the court's authority to grant permanent injunction and punitive damages in cases of infringement and passing off.
Headnote:
Trademark Infringement - Trademark Law - Companies Act, 1956, Trademarks Act, 1999, Copyright Act, 1957 - The court discussed the plaintiff's trademark 'MOTHER DAIRY' and its variations, the 'MOTHER DAIRY (Blue Logo)', and the defendant's infringement of the trademark and copyright. The court also referred to various legal provisions and precedents related to passing off and infringement of copyright and trademarks.
Fact of the Case:
The plaintiff, Mother Dairy Fruit & Vegetable Pvt. Ltd, filed a suit against the defendant for trademark infringement, copyright infringement, passing off, damages, and other reliefs. The plaintiff alleged that the defendant was manufacturing and selling identical products under a deceptively similar trademark and packaging, leading to confusion and deception among consumers.
Finding of the Court:
The court found in favor of the plaintiff and granted a decree for permanent injunction, restraining the defendant from infringing the plaintiff's trademark and copyright. The court also awarded punitive damages against the defendant.
Issues: The issues involved trademark and copyright infringement, passing off, and the violation of the plaintiff's rights under the Companies Act, 1956, Trademarks Act, 1999, and Copyright Act, 1957.
Ratio Decidendi: The court relied on the plaintiff's extensive use and promotion of the trademark, the distinctiveness of the 'MOTHER DAIRY (Blue Logo)', and the defendant's intentional imitation of the plaintiff's trademark and packaging. The court also considered legal precedents related to passing off and infringement of copyright and trademarks.
Final Decision: The court decreed in favor of the plaintiff, granting permanent injunction, punitive damages, and other reliefs, and found in favor of the plaintiff on all issues.
MANMOHAN SINGH, J.
1. The plaintiff has filed the suit for permanent injunction, restraining infringement of trademark, copyright, passing off, damages, rendition of accounts, delivery up etc.
2. The defendant is ex-parte. No written statement has been filed.
3. The brief facts of the case as per the plaint are that the plaintiff, Mother Dairy Fruit & Vegetable Pvt. Ltd is a company incorporated under the Companies Act, 1956, having its registered office at "Mother Dairy", Patparganj, Delhi- 110092. The plaintiff is engaged in the business of manufacturing and marketing of milk and milk products, frozen foods, horticultural and other agricultural products and having processing facilities at Patparganj and Mangolpuri Industrial Area, Delhi-110083.
4. The plaintiff currently markets & sells products under the following trademarks:
i. Mother Dairy (for Liquid Milk, Dahi, Ice Creams, Dairy Whitener and Butter) www.motherdairy.com;
ii. Dhara (for edible oils) www.dhara.in &
iii. Safal (for fresh fruits & vegetables, frozen vegetables and fruit juices etc), www.safalindia.com;www.safaljuice.com.
5. The trademark 'MOTHER DAIRY' was adopted by the plaintiff in the year 1974 and has been used by the plaintiff on every packaging material, invoices and /or advertisement that they have released and promotional material inter alia including handouts, POP materials, displays, banners, billboards etc., so much so that the consuming public and members of trade associate the said trademark and the goods under it to be emanating from the plaintiff alone.
6. The plaintiff has also been spending several crores of rupees towards promoting the said trademark and trade name in India and in other countries of the world to which the plaintiff exports its products under the said trademark 'MOTHER DAIRY'. The plaintiff has been advertising and promoting the said trademarks in various media including print and electronic having a widespread national and international reach and circulation.
7. The plaintiff is the registered proprietor of the well known trademarks MOTHER DAIRY and variations thereof as detailed in tabular form which has been mentioned in para 13 of the plaint.
8. The plaintiff has sought and been granted trademark registrations for their mark MOTHER DAIRY in various foreign jurisdictions inter alia the United Arab Emirates, Indonesia, Thailand and Malaysia as well.
9. As a result of the continuous and extensive use of the trademark MOTHER DAIRY over a long period of time spanning a wide geographical area coupled with vast promotion and publicity the said trademark enjoys an unparalleled reputation and goodwill in the market and has acquired the status of a “well known” trademark within the meaning of Section 2(zg) of the Trademarks Act, 1999.
10. The renowned and “well known” Mother Dairy blue trademark/logo, i.e. has been used since the year 2003 and is the most visible symbol/mark of the plaintiff and serves as a source identifier of the plaintiff’s products in the market place. It is prominently visible on all of the plaintiff’s products and also serves to act as a corporate device /symbol. The said logo/label was created on behalf of the plaintiff by a consultant for remuneration. The plaintiff has secured copyright registration for the said artistic work.
11. The ‘MOTHER DAIRY (Blue Logo)’ even without the text therein has acquired distinctiveness to establish a connection with the products of the plaintiff in the minds of the consumers. Therefore, along with the trademark MOTHER DAIRY, the ‘MOTHER DAIRY (Blue Logo)’ too has acquired the status of a “well known” trademark.
12. The abovementioned trademarks i.e. MOTHER DAIRY and the Mother Dairy (Blue logo) are used by the plaintiff on the packaging of its diverse range of products, promotional material as also its website. The said trademarks are also used on and referred to in va
