JUDGMENT

Sanjeev Narula, J. (Oral)--This judgment shall decide a lawsuit initiated by the Plaintiff, a company engaged in the manufacturing and distribution of tobacco products under various versions of the "GOPAL" trademark. The Plaintiff has filed this action seeking a permanent injunction to prohibit the Defendant from using the "GOURI GREEN" or "GOURI 700" marks, alleging that use of such marks by the Defendant constitutes infringement and passing off, resulting in the violation of its registered trademarks and copyright.

PLAINTIFF'S CASE

2. The Plaintiff is a part of the Gopal Group, which was established in 1942 and has since become a prominent player in the manufacturing and sale of tobacco products including, chewing tobacco, zarda, pan-masala, betel spice, pan-chatni. In 1950, the Plaintiff adopted the "GOPAL" mark, named after Mr. Sri Gopal Gupta, the Chairman and Partner, who holds highest stake in the Plaintiff company. Since its adoption, the "GOPAL" mark has been consistently used by the Plaintiff in combination with a logo depicting Lord Krishna playing the flute with a cow in the background, referred to as the "Lord Krishna device" hereinafter. This logo is often acc