JUDGMENT :

(Prayer: This Suit is filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of C.P.C read with Sections 29 and 134 of the Trade Marks Act, 1999 and Sections 2(1) (c)(viii) and 7 of the Commercial Courts Act, 2015.

(a). For Permanent Injunction restraining the defendant by itself, its agents, servants or any one claiming through it from in any manner infringing the Plaintiff’s Trade Marks “ARUN” by using the trademark “ARUN” or any other mark or marks which are in any way identical or deceptively similar or colourable imitation of the Plaintiff’s registered trademarks as described in the Schedule to the Plaint.

(b). For permanent injunction restraining the Defendant by itself, its servants or agents or anyone claiming through it from in any manner passing off its products as that of the Plaintiff by using the offending trademark “ARUN” which are similar, deceptively similar and identical to the Plaintiff’s trademark “ARUN” or by using any other trademark which is similar, deceptively similar or identical to that of the Plaintiff’s trademark “ARUN” by manufacturing or selling or offering for sale or in any manner advertising the same.

(c). Directing the Defendant to surrender to the Plaintiff the entire products with the offending labels, stocks with offending labels together with the blocks and dies, name boards, sign boards etc for destruction.

(d). Directing the Defendant to render true and faithful accounts of the profits earned by them through the sale of the offending products bearing the offending trademark label and directing payment of such profits to the Plaintiff.

(e). Directing the Defendant to pay to the Plaintiff the cost of the suit

(f). Grant such further or other reliefs as this Hon’ble Court may deem fit and proper under the circumstances of the case.)

1. This Suit is filed for permanent injunction restraining the defendant from infringing the plaintiff’s trademark “ARUN” ; from passing off and also as a consequential reliefs to surrender the offending labels, stocks, blocks and dies, name boards, sign board etc., for destruction; to render accounts of profits and payment of profits earned, along with costs.

2. The case of the plaintiff is that, they are the largest Diary products manufacturers in the Private Sector involved in manufacturing and marketing of various Foods and Diary products. Their products are known for quality. The business started as a manufacture of ice cream expanding in production of range of diary products like dairy whitener, skimmed milk powder, AGMARK certified Ghee, Butter, Cooking Butter, milk varieties of curd, panner and butter milk. The diversified products of the plaintiff is marketed under the various Trademarks to mentioned ARUN, AROKYA, HATSUN and IBACO. These trademarks have attained the status of the well-known trademark. The plaintiff has build up a good reputation and goodwill for all their products over the years. The said trademark are exclusively associated and identified by the trade and public with plaintiff alone and none else. The various trademarks of the plaintiff command high patronage among the public and are in great demand.

3. To substantial the same, the annual sales turn over in respect of annual expenses for the financial year 1994-1995 to 2017-2018 is relied. The list of application applied for and obtained registration in respect of the trademark ARUN is as follows:-