ALL WELL FORMULATIONS Vs. SWATHI AND CO.

JUDGEMENT

(1.) This is Defendant's Miscellaneous First Appeal against the order dated 27"' April, 2017 made in O.S. No. 1265/2017 on the file of the XVIII Addl. City Civil and Sessions Judge, Bengaluru City, (CCH-10), allowing the application filed by the Plaintiff under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, praying to restrain the Defendant, its agents, servants, workers, dealers and any person claiming through or under it from infringing the Plaintiff's well established and Registered Trade mark/design/tin of Turky Plus Olive Oil in red or green colour tin with unique artistic work, get up and design in respect of its edible oil and passing off the product by using offending Trade mark Pure Olive Oil and tin, till the disposal of the suit and further dismissing I.A. No. 2 filed by the Defendant under Order XXXIX Rule 4 of Code of Civil Procedure.

(2.) The present Respondent who is the Plaintiff before the Trial Court, filed suit in O.S. No. 1265/2017 against the Appellant/Defendant for permanent injunction restraining the Defendant from using the Plaintiff's well established and Registered Trade mark/Copyright/Design/TIN of Turky plus pure Olive Oil by using offending Trade mark/Design/Tin Turkiz Pure Olive Oil Plus and for mandatory injunction directing the Defendant to remove identical and deceptively similar Trade mark and to render accounts and costs, contending that, the Plaintiff has been doing the business of manufacturing, marketing and selling of glucose powder, arrow root powder, bleach powder, castor oil, edible oil, olive oil etc, since 2001 under several brand names of Turkiz Pure Olive Oil etc, with unique logos, writing style, appearance, colour combinations, back ground which are invented words by the Plaintiff. Plaintiff also obtained licence to run the business, adopted and using the Trade mark Turky Plus Pure Olive Oil with unique artistic work, get up tin etc. since November, 200 It is further stated that the Plaintiff applied for registration of the Trade mark, brand names with the Trade mark registry and accordingly the Trade mark was Registered in Class 29 vide TM No. 3014931 dated 26th December, 2016 and Trade mark registration certificate was also issued in favour of the Plaintiff.

(3.) It is the further case of the Plaintiff that during the year 2001, Plaintiff started the business in olive oil under the name and style Turky Plus Pure Olive Oil in 125 ml red and green colour tin. The business was largely welcomed by the retail stores of same sector and having received such a huge acclamation, Plaintiff decided to Register the name and logo under the Trade marks Act, Copy Right Act and Design Act. Accordingly Plaintiff obtained registration under the Design Act vide Design No. 2742269 for his TIN under the name and style TURKIZ PURE OLIVE OIL.