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DELHI HIGH COURT
SANJAY KISHAN KAUL, VALMIKI J.MEHTA
Rich Products Corporation – Appellant
Versus
Indo-Nippon Foods Limited – Respondent
JUDGMENT
Sanjay Kishan Kaul, J. The claim of exclusive right to use the word mark 'WHIP TOPPING' resulted in filing of a suit by the appellants. The appellants claimed that the said word mark is part of its registered trademark 'RICH.S WHIP TOPPING' and the use of the word mark 'WHIP TOPPING' by the respondent as part of its trademark/label 'BELLS Whip Topping' was deceptively similar. The appellants also claim that the respondent seeks to pass off its goods for that of the appellants on account of the trade-dress, packaging and instructions, which are alleged to be identical. The appellants, thus, sought appropriate reliefs in the suit both of perpetual injunction and consequential reliefs for accounts, etc.
2. The appellants along with the suit filed an application for interim relief under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, but failed in that endeavour in terms of an Order dated 03.07.2007 of the learned Single Judge. In the appeal filed by the appellants against the interlocutory order, the trial in the suit was reduced by consent to filing of affidavits of evidence by both the parties with the documents to be read in evidence without the need of t
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