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M. SUNDAR
Ultramarine and Pigments Limited, Rep. By N. Asokan Company Secretary, Guindy, Chennai – Appellant
Versus
A. C. H, Deen Cottage Industries, Pollachi – Respondent
JUDGMENT
(Prayer: This Civil Suit is preferred, under Order IV Rule 1 of O.S.Rules read with Order VII Rule 1 of the Code of Civil Procedure 1908, Sections 51, 63,& 64 of the Copyright Act, 1957 and Sections 27, 134 and 135 of the Trade Marks Act, 1999 praying for
a) granting a permanent injunction restraining the defendant, their directors, partners/proprietors, servants, representatives, successors, agents, stockists, dealers, distributors, wholesalers, retailers or any of them from in any manner infringing the plaintiff's copyright in the Artistic Work OOB Blue Label.
b) for granting a permanent injunction restraining the defendant, their directors, partners/proprietors, servants, representatives, successors, agents, stockists, dealers, distributors, wholesalers, retailers or any of them from in any manner infringing the plaintiff's registered Trade Mark OOB BLUE under No.512437 in Class 3;
c) granting a permanent injunction restraining the defendant, their directors, partners/proprietors, servants, representatives, successors, agents, stockists, dealers, distributors, wholesalers, retailers or any of them from in any manner passing off or enabling others to pass-off Defendant's goo
The court applied the Parle principle for comparison of competing marks and found that the defendant's mark was deceptively similar to the plaintiff's mark, leading to infringement and passing off.
Deliberate copying and imitation of a trademark, trade dress, and color scheme can warrant the grant of a permanent injunction and the award of damages and costs to the aggrieved party.
Trademark infringement and passing off of goods, as well as non-compliance with the Drugs and Cosmetics Act, 1940, can lead to the grant of interim injunction and other reliefs in favor of the Plaint....
:TRADE MARK – COPYRIGHT - Defendant had encroached upon the plaintiff’s colour scheme and copyright. It would only be appropriate that the plaintiff’s copyright is protected.
The central legal point established in the judgment is the grant of a permanent injunction and other relief based on the defendant's infringement and passing off of the plaintiff's registered Tradema....
The main legal point established in the judgment is that the adoption of a similar trade dress, including color scheme, with a dishonest intention to infringe a well-known trademark and pass off good....
Point of law: Trade mark – copyright - Plaintiff has made out a strong case for grant of injunction protecting the trademark GEM'S GOLD. Documents filed substantiate that the claim of the plaintiff i....
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