SOM BROTHERS AND CO Vs. BREAD HOUSE

JUDGEMENT

(1.) IA No. 3978/2010 (under Order XXXIX Rules 1 and 2 Code of Civil Procedure) and IA No. 4135/2010 (under Order XXXIX Rule 4 Code of Civil Procedure)

(2.) THIS order shall dispose of IA No. 3978/2010 and IA No. 4135/2010.

(3.) IT is alleged that Defendant No. 1 is the seller of the product of Defendant No. 2.The Defendant No. 2 is a company incorporated under the provisions of Companies Act having its registered office at M -5A, Connaught Circus, New Delhi -01. The Defendant company is also engaged in the business of manufacturing and sale of (Sic)he edible articles for human consumption including cereals products, confectionary items, noodles, milk products, sweets, tea, biscuits, wafers, chocolates and other articles of human consumption having wheat, flour, rice, besan, sugar, cereal preparations, soya and flour improvers as an essential ingredients. The Defendant No. 2 is also using various trademarks of generic words including NESTLE, NESCAFE, MAGGI, MUNCH etc. in respect of varieties of goods which are sold in the market. In the instant case, it is alleged that the product which is being manufactured and sold by the Defendant No. 2 as wafers, layers covered with choco layers under the mark NESTLE MUNCH. It is alleged that recently the Defendant No. 2 has adopted the registered trademark of the Plaintiff "GURU" in respect of this very wafer layers covered with choco layers under the mark NESTLE MUNCH bar by adopting a scheme under the brand name of NEW GURU PACK. It is alleged that the said package of the MUNCH bar is packed in such a manner where the word "New" and "Pack" are written in a comparatively much smaller font as against the word "GURU" which has been given prominence and by doing so, they have infringed the trademark of the Plaintiff. It is alleged that the Plaintiff has got prima facie good case and that the balance of convenience is also in favour of the Plaintiff and that the Plaintiff will suffer an irreparable loss in case the Defendants are not restrained from infringing the said trademark "GURU by use of the phrase "NEW GURU PACK".