MARIE STOPS INT Vs. PARIVAR SEVA SANSTHA

JUDGEMENT

(1.) This order will dispose of rival temporary injunction applications, i.e. No. 4907/2005 in Suit No. 898/2005 and No. 9256/2003 in Suit No. 1691/2003. Suit No. 1691/2003 is filed by Parivar Seva Sansthan (hereafter called "PSS") complaining passing off and trademark infringement by Marie Stopes International (hereafter "MSI") and seeking permanent injunction and other allied reliefs. The second suit, CS (OS) 898/2005, is by MSI; it alleges trademark infringement and passing off by PSS, and claims injunctive and other consequential reliefs. The defence taken by MSI in the suit of PSS, are the grounds urged in support its claim in its suit; likewise, the PSS's claim in its suit, constitutes its stand in defence in the suit filed by MSI.

(2.) MSI was registered as a Charity (No. 265543) in the year 1973, under the laws of England and Wales. It was earlier known as "Population Services International" and "Population Services Europe" as admitted by defendant itself.

(3.) Ms. Marie Stopes who died on 01.10.1958 founded the first British Control Centre, the "Mother's Clinic" in London in 1921. Her clinic was taken over by MSI on 26.4.1976 when it was under liquidation and has been run ever since. Despite MSI not changing its name officially in 1976 to Marie Stopes, it adopted and used the name Marie Stopes and worked with advertisers to create the Marie Stopes and door device logo. It contends having used the Marie Stopes and the door device as a trade mark in UK since 1976. MSFs right to use the name "Marie Stopes", it submits, has been confirmed by Harry Stopes himself, son of Ms. Marie Stopes. MSI claims to have been engaged in a range of charitable services (including family planning, reproductive health care, screening etc.) under the trade name/ trade mark "Marie Stopes" and the "door device" logo - essentially a graphic design of the front door of the Marie Stopes clinic of MSI, continuously, since 16.03.1973. The said mark is reproduced hereunder: