The main legal point established in the judgment is that the assignee of a trade mark has the exclusive right to use it in India, and importation of goods bearing the trade mark by others can constitute trade mark infringement under the Trade Marks Act.

JUDGMENT :

G. Rajasuria, J.

1. Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction, restraining the Respondent, by itself, its principal, servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale using the trade mark YARDLEY or any other similar sounding expression or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade .mark which is in any way phonetically similar to the Applicant trade mark YARDLEY or in relation to any product including Talcum powder, body spray or any other cosmetics and toiletry products and use the same or use the mark in invoices, letters heads and visiting cards or any other trade literature or by using any other trade mark which is in any way phonetically similar to the Applicant registered Trade mark Nos. 84018 & 372280 in Class 3 or in any manner infringe the Applicant's registered Trade Mark pending disposal of the above suit.

O.A. No. 173 of 2010

Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction to restrain the Respondent, jointly and severally, by themselves, their Directors, servants, agents, representatives and all those acting in concert with them or claiming under or through them or otherwise however, from using the impugned name 'YARDLE' upon or in relation to any of their product including talcum powder, body spray and other cosmetic and toiletry preparations and/or any other name/marks which may be identical to and/or deceptively similar to the Applicant corporate name, trade mark 'YARDLEY' and from in any manner, passing off or attempting to pass off or causing, enabling or assisting others to pass off their talcum powder, body spray and other cosmetic preparations as and for the business and products of the Applicant, pending disposal of the above suit.

These Original Application coming on this day before this Court for hearing the court made the following order:

Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of these applications would run thus;

(a) The plaintiff filed the suit seeking the following relief's:

"(a) to grant permanent injunction restraining the defendant by itself, its principal, servants, agents, distributors or anyone claiming through him from manufacturing, selling advertising and offering for sale using the trade mark YARDLEY or any other similar sounding expression or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way phonetically similar to the plaintiffs' trade mark YARDLEY or in relation to any product including Talcum powder, body spray or any other cosmetics and toiletry products and use the same or use the mark in invoices, letter heads and visiting cards or any other trade literature or by using any other trade mark which is in any way phonetically similar to the plaintiffs' registered Trade Mark Nos. 84012 and 372280 in Class 3 or in any manner infringe the plaintiff's registered Trade Mark.

- to grant an order of permanent injunction to restrain the defendants, jointly and severally, by themselves, their Directors, servants, agents, representatives and all those acting in concert with them or claiming under or through them or otherwise howsoever, from using the impugned name 'YARDLEY' upon or in relation to any of their product including talcum powder, body spray and other cosmetic and toiletry preparations and/or any other name/marks which may be identical to and/or deceptively similar to the plaintiff corporate name, trade mark 'YARDLEY' and from in any manner, passing off or attempting to pass off or causing, enabling or assisting others to pass off their talcum powder, body spray and other cosmetic preparations as and for the business and products of the plaintiff.

- to direct the defendant to surrender to the plaint