1. The applicant/plaintiff has filed the suit (i ) for a judgment and decree against the respondents/defendants for a declaration that the plaintiff is the owner of the trade mark CHEFPRO and CHEFPRO PLUS, (ii) for a declaration that the plaintiff is the absolute owner of the copyright in the lay out, colour scheme, get up, design, artistic work, etc. , of the CHEFPRO and CHEFPROPLUS series of mixer grinders and its accessories, (iii) for permanent injunction to restrain the defendants, their servants, agents, employees from in any manner passing off the defendant’s goods as that of the plaintiff’s by selling, advertising or offering to sell or using the plaintiff’s Trade Marks or any mark or product which is identical with confusingly similar or deceptively similar to the plaintiff’s Trade Marks and/or lay out, colour scheme, get up, design, artistic work, etc., of the products, and (iv) for permanent, injunction restraining the defendants, their servants, agents, employees from in any manner infringing the copyright in the design,, configuration and technical specifications, l ayout, colour scheme, get up, contents of the instruction manual, artistic work and/or literary work comprised in/reproduced on the plaintiff’s products.

2. Thecontentions of the applicant/plaintiff are as follows: The applicant, a partnership firm, was established in 1978 as MAYA APPLIANCES & CONTROL EQUIPMENTS. The applicant spent considerable time and resources in Research and Development and within two years of establishment, the applicant introduced mixer grinders into the market in May 1980. In 1981 the applicant formed a new partnership firm MIXIES AND APPLIANCES. In 1985 the applicant introduced new mixie range under the Trade Mark PREETHI, which was subsequently registered as a trade mark. The applicant through its product range has acquired a distinct reputation and goodwill both in India and several countries abroad for their superior quality and technical excellence. The applicant’s bra nd PREETHI owing to its superior quality is a popular household name and in the last 25 years of its existence, is an undisputed market leader in a whole range of kitchen appliances. The applicant is engaged in the business of manufacturing, marketing and after sales services in the range of kitchen appliances viz. , mixer grinders, coffee makers, micro oven and electric cookers under popular brand PREETHI among various other trade marks. The products of the applicant meet international quality and safety standards certified by various international certifying bodies. The applicant has over sixteen lakh customer base both in India and several countries abroad. The applicant has more than 22 branches, 2000 dealers and more than 300 authorised service centers across India.

3. The applicant earns an average of Rs.75 lakhs per year through the sale of the products and has incurred a considerable sum towards marketing, promoting and advertising its products in both print and visual media. The applicant , incurs an average of Rs.90 lakhs per year towards marketing, promoting and advertising expenses.

4. The applicant introduced a premium and improved series of heavy duty mixer grinder bearing the Trade Mark PREETHI CHEFPRO in September 1995 and PREETHI CHEFPRO PLUS in February, 1997. The applicant engaged M/s.Icarus Design Consultants, a professional consultancy firm in Bangalore to improve upon its existing products and to launch a new rage of products bearing the trade marks CHEFPRO and CHEFPROPLUS. M/s.Icarus carried out the design development of the applicant’s CHEFPRO & CHEFPROPLUS series for the body, switches, jars and jar lids, jar handles and Graphics and branding. The distinctive and s triking features including colour scheme, shape of the jar and handle, overall get up and layout of the applicant’s CHEFPRO and CHEFPROPLUS series have helped the applicant in attaining immense reputation and goodwill. The applicant has also made an application