JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The case at hand involves a dispute over intellectual property rights between two companies, both engaged in the production and marketing of Ayurvedic medicinal products like digestive powders (churan) and tablets. M/s Visakha Chemicals, the Plaintiff, claims ownership of the trademark rights for “ROCHAK” and “AM PACHAN,” along with the trade dress rights for their product packaging. Asserting their prior usage and statutory rights, they accuse the Defendant of trademark infringement and passing off, due to deployment of trademarks and product packaging that bears a deceptive resemblance to their own. Despite initially challenging the Plaintiff’s allegations, the Defendant ceased participation at the onset of the trial. As a result, on 15th December, 2015 the Court proceeded ex-parte against the Defendant. Following this, the Plaintiff produced their oral evidence in the absence of the Defendant, which remains uncontroverted, bringing this case to the point of final adjudication.

THE PLAINTIFF’S CASE

2. Mr. Shailen Bhatia, counsel for Plaintiff, presents the following facts and contentions:

2.1. The Plaintiff is a registered partnership firm that is engaged in the business of manufacturing and marketing of Ayurvedic and medicinal products, such as churan and tablets for digestive purposes, since the year 1982. In the same year, they adopted the trademark “ROCHAK” for churan tablets. Alongside the trademark, the Plaintiff also developed the following unique label/ pouch to pack the said goods:

2.2. During the course of their business operations, the Plaintiff modified “ ”.1

2.3. Later, in the year 1985, the Plaintiff adopted the trademark “AM PACHAN” for another kind of churan tablets manufactured by them along with the packaging “ ”, which was first changed to

1 All three versions of the label shall collectively be referred to as “Rochak labels”.

2 All three versions of the label shall collectively be referred to as “Am Pachan labels”.

2.4. Notwithstanding the change in the outer packaging/ label, the unique features thereof remained consistent in all the versions of the “ROCHAK” and “AM PACHAN” products. The distinctive elements of the Rochak labels include the blue, white and red colour combination, graphical representations of a boy, spoons, two-toned red plate, font size and colour of the mark “ROCHAK” in English and Devnagri script. Similarly, all the Am Pachan labels bear a colour combination of green, red, white and yellow, artistic devices of a mango and children, with “AM PACHAN” written in English and Hindi languages in the same manner.

2.5. The Plaintiff filed for registration of the mark “ROCHAK” on 25th January, 1988. This registration was granted, and the said trademark is presently registered in their name under No. 484698 in class 05 in respect of “Ayurvedic preparations including digestive power and tablets, balm (pain killer).”

2.6. The Plaintiff has also obtained registration of copyright in the Rochak and Am Pachan labels, details whereof are as follows:

2.7. Of all the products manufactured by Plaintiff, about 50% of their sales pertain to “ROCHAK” product and about 48% are of the “AM PACHAN” product. These products are thus, the most prevalent goods manufactured by the Plaintiff. The Plaintiff has also conducted substantial business under the trademarks “ROCHAK” and “AM PACHAN”, which is established by the sales figures and advertisement expenses, details whereof have been set out in paragraphs No. 7 and 8 of the plaint.

2.8. On the basis of evidence provided, the Plaintiff has established significant goodwill and reputation for the trademarks “ROCHAK” and “AM PACHAN,” which have become exclus