REVION INC Vs. HOSIDEN LABOURATORIES INDIA

JUDGEMENT

(1.) The plaintiffs have filed the suit for permanent injunction, passing of, infringement of trade mark and rendition of accounts etc.

(2.) It is stated in the plaint that the plaintiff No 1 is a company incorporated under the laws of the State of Delaware. United States of America and is carrying on its business at the address given in the plaint- Plaintiff No.2 is a company incorporated under the laws of Switzer land and it is carrying on business at the address given in the plaint. It is a wholly owned company of the plaintiff No.1

(3.) The basic averments on the basis of which present suit is filed are that the plaintiffs are the registered proprietor of the trade mark 'JONTUE' in respect of cosmetics, perfumes etc. having registered the same in various countries of the world. The word 'JONTUE' is an invented word coined by the plaintiff and is not a dictionary word or a word that is used in common parlance. The said trade mark has also been duly registered in India by the plaintiffs' predecessor under the provisions of the Trade and Merchandise Marks Act, 1958. The particulars of such registrations are given below:- Trade Mark Class Goods No. Date of Regn. Date of Renewal JONTUE 3 Perfumes & 306483 25.6.1975 25.6.1909 (Script) cosmetics JONTUE 3 Perfumes & 445998 25.11.1985 25.11.1992 (Script) cosmetics toiletries including talcum and face powder hair lotion,antiperspirants & cleansing preparations and moisturisers