The main legal point established in the judgment is that the plaintiff's well-known brand with international reputation and goodwill, along with the defendants' copying of the plaintiff's artistic work, influenced the court's decision to grant the relief of temporary injunction.

A. Ramamurthi, J.

1. Original Applications No. 553 and 554 of 2000 were filed by the applicant/plaintiff to grant interim injunction restraining the respondents and their men from manufacturing, selling, offering for sale, advertising and directly or indirectly dealing in cosmetics preparations including creme bleach in packaging which is identical to or a colourable imitation/substantial reproduction of the applicant's JOLEN creme bleach packaging including the carton and container thereof, amounting to infringement of the applicant's copyright in the artistic work JOLEN creme bleach carton, container and JOLEN written in distinctive script and also restraining them from passing off or enabling others to pass off the respondents' goods as the goods of the applicant.

2. The case in brief for disposal of all the applications is as follows:

The applicant carries on an established business as manufacturer of a wide range of cosmetics, including creme bleach to pale hair. The applicant since 1955 is manufacturing and selling creme bleach under the trade mark JOLEN. The applicant's JOLEN creme bleach is sold in a bluish green carton with white lettering. The trade mark JOLEN is written in an unique and highly distinctive stylised script wherein the initial 'J' appears in small alphabet as 'J' but in the same size as the remaining letters JOLEN which appears in capital. A white line runs atop the entire length. The trade mark JOLEN in stylised script in bluish green colour appears within a white oval on the top of the carton. The trade mark JOLEN in stylised script in white lettering with the words 'CREME BLEACH and lightens excess dark hair' appear on the front and back of the cartons with bluish green background. The containers inside the carton are white plastic containers of a distinctive shape.

3. The applicant's trade mark is an invented word coined from the founders of the applicant company John and Evelyn. Their trade mark is registered in respect of the creme bleach in USA and in several countries all over the world. Their product is sold in several countries all over the world and in USA and the particulars of the sales for the period 1986 to 1999 are approximately given in US dollars. They have also advertised through medias including Television, Radio, Newspapers and Magazines and the sales promotion and advertisement figures for the period 1986 to 1998 are also given approximately. Their product sold in many Middle East/Gulf Countries and for the period 1986 to 1999 the sales turnover are given approximately. Their product is extensively advertised in international magazines which have a large circulation in India. The applicant's creme bleach bearing the trade mark JOLEN is brought into India by Indians visiting from abroad and distributed as gifts to friends and relatives. This product is freely available in several shops in India and the particulars of the shops are also furnished. By virtue of long extensive and continuous use, the applicant's trade mark enjoys great reputation and goodwill.

4. The applicant's trade mark JOLEN is extensively used in Middle East/Gulf countries. There is a large immigrant Indian population who frequently visit India and bring with them perfumes, cosmetics including creme bleach for their personal use and as gifts for friends and relatives. A survey conducted in a few cities in India reveals that the trade mark JOLEN is a well known brand name in India. India is a member of Paris Convention. Under Article 6 Bis of the Paris Convention and internationally well reputed trade mark ought to be protected in India. Section 11 of the Trade Marks Act also provides for protection of internationally well reputed trade marks. The distinctive script with the letter J written with the elongated top line which extends over the letters OLEN, the entire script having an aesthetic appeal to the eye. The applicant's carton has a bluish green colour scheme with white lettering. The applicant is th