JUDGMENT :

Manmohan Singh, J.

The plaintiff has filed the present suit for permanent injunction restraining infringement of copyright, passing off, damages and rendition of accounts etc.

2. Since 2007, the plaintiff has continuously used the trademarks MOROCCANOIL,”M (MOROCCANOIL Vertical Design)”, and”M (MOROCCANOIL Horizontal Design)" in relation to oil hair treatment products worldwide, including India. Plaintiff and its affiliates have registered or sought numerous registrations of their trademarks MOROCCANOIL,”M (MOROCCANOIL, Vertical Design)," and”M (MOROCCANOIL Horizontal Design)” in more than 80 countries of the world.

3. It is averred in the suit that the plaintiff's MOROCCANOIL hair treatment products are sold in a packaging having a unique get up, layout, colour scheme and arrangement of features, comprising of an overall blue background and featuring an oversized letter 'M' in a distinct logo script in orange font with the plaintiff's trade mark/ name MOROCCANOIL inscribed either horizontally or vertically sideways in prominent lettering. Significantly, the logo/device forms an essential feature of the plaintiff's”MOROCCANOIL" series of products.

The design of the packaging