UNILEVER AUSTRASIA Vs. SHINGAR COSMETICS PVT LTD

JUDGEMENT

(1.) This revision petition is filed by the 1 st defendant in O.S. No. 6362/2009 pending on the file of 18 th Additional City Civil Judge, Bangalore, challenging order dated 09 12.2009 dismissing its application filed under Sections 20 and 21 r/w Order VII Rule 11(1)(a) of the Code of Civil Procedure. The parties to this revision are referred to by their ranking in the Trial Court for the sake of convenience.

(2.) The facts leading to this revision are as under: Plaintiffs 1 to 3 are companies incorporated under the provisions of the Companies Act, 1956, 1 st plaintiff is carrying on business in manufacture and sale of Deodorant Body Sprays, Shaving Creams, After Shave Lotions, After Shave Moisturising Gels under the brand name and trade mark of "INSTINCT", which is registered in its name initially in the year 1992 under trade mark Nos. 583418 and 809510 under the then Trade and Merchandise Marks Act, 1958, subsequently, registered under the Trade Marks Act, 1999 under Class 3 being Cosmetics, Perfumery, Toiletries including Hair Lotions, Shampoos, Skin Care Lotion, Shaving Cream, After Shave Lotion. The said trademarks are renewed from time to time are in force up to 21.10.2012 and 10.7.2018 respectively.

(3.) The 2 nd plaintiff is a company manufacturing, marketing and selling same products since 1992 under licence from 1 st plaintiff granted in its favour to use, manufacture and get manufactured any goods using the said trade mark "INSTINCT" for a period of 7 years in terms of agreement entered into between them on 01.03.2006. Plaintiff No. 3 has acquired the trademark registered as "INSTINCT" from 1 st plaintiff under deed of assignment dated 10.05.2007. Since then 3 rd plaintiff has been continuing the business of manufacture of same range of products manufactured by 1 st plaintiff by virtue of assignment in its favour. After assignment of proprietorship of trademark rights in its favour, the 3 rd plaintiff recognised the earlier licence issued by 1 st plaintiff in favour of 2 nd plaintiff and confirmed the same by an agreement dated 01.06.2007.