JUDGMENT :

G.S. Sistani, J.

I.A. 907/2013

1. Plaintiff has filed the present suit for permanent injunction restraining infringement of registered trade mark, passing off, delivery up and rendition of accounts of profits.

2. Summons in the suit and notice in I.A. 907/2013 filed under Order XXXIX Rules 1 and 2 CPC were directed to be issued on 21.1.2013. While issuing summons in the suit on 21.1.2013, the Court passed a partial ex parte ad interim injunction order restraining the defendants from selling perfumes, deodorants, cosmetics, etc. under the mark 'Velvet COBRA'. It may be noticed that on 21.1.2013 counsel for the plaintiff had made a statement that he was not pressing for any ex parte relief in respect of defendants' mark 'Diamond COBRA' as at that stage representation for cancellation of the registration of the said trade mark in favour of the defendants was pending.

3. Learned counsel for the plaintiff submits that as of today the representation of the plaintiff stands accepted and the registration of the defendants with respect to the trade mark 'Diamond Cobra' stands cancelled vide Order dated 18.12.2013 and, thus, he not only seeks confirmation of the injunction Order dated 21.1.2013 but also prays that the order dated 21.1.2013 be extended to the trade mark 'Diamond Cobra' as a whole or any other similarly deceptive mark being used by the defendants.

4. As per the plaint, plaintiff claims itself to be a large business house manufacturing and selling cosmetics, hair oils, personal care products including perfumes and deodorants under a distinctive and well-known housemark(s) VI-JOHN and ST-JOHN and other trademarks for different products, which are sold throughout India. It is further averred in the plaint that in the early Seventies the trade mark COBRA was adopted by the plaintiff in respect of perfume spray, hanky perfumes and scents by M/s. Maja Cosmetics, the parent firm of VI-John Group of Firms, which was a proprietorship firm of Sh. Suchet Singh, father of Sh. Bhupinder Singh and grandfather of Sh. Harshit Kochar and Sh. Achin Kochar, who are the present partners of the plaintiff firm. The said trade mark was continuously used till about 1979, when on account of death of Sh. Suchet Singh the business of M/s. Maja Cosmetics was temporarily restricted. Subsequently, the perfumes, spray, hanky perfumes under the aforesaid trade mark COBRA were once again launched in the year 1999 under another family/group firm, M/s. Vi-John Beauty Tech, which was a sole proprietorship of Mrs. Satinder Kaur. The aforesaid firm continuously and extensively used the trade mark COBRA till 2006 when the group firm was re-aligned and a state of the art manufacturing facility was set up in the year 2005 in Himachal Pradesh as a license user and assignee of M/s. Vi-John Beauty Tech by virtue of Assignment Deed dated 3.7.2007.

5. It is the case of the plaintiff that since the year 2006 through itself and since early Seventies, through its predecessor and group firms, the plaintiff has continuously and extensively been using the trade mark COBRA.

6. The plaintiff also claims to have spent tremendous time, effort and money in promoting, publicizing and popularizing the trade mark COBRA. It is also the case of the plaintiff that on account of the quality of the product the trademark has acquired tremendous, enviable and unreachable reputation and goodwill amongst the public at large. In these circumstances, in addition to the common law rights acquired in the aforesaid trademark by virtue of prior user, adoption, continuous and extensive use, the trademark St. John Cobra by virtue of registration granted under no. 1581353 in Class 3 of the said trade mark granted under the Trade Marks Act, 1999, and also other registrations in some foreign countries, the plaintiff is entitled to statutory protection of its trademark.

7. Learned counsel for the plaintiff points out that in the month of June, 2012, the plaintiff joined hands with M/s. S.H. Kelkar a