GEORGE LILLINGTON AND COMPANY LIMITED Vs. PRESTIGE PAINTS

JUDGEMENT

(1.) The plaintiffs have filed the present suit against M/s Prestige Paints and another seeking a permanent injunction restraining the defendants their servants, agents, stockists and all other persons on their behalf from infringing the plaintiffs registered copyright Nos. A-32770/81, A-32765/81, A-32766/81, A-32857/81 and A-32765/61 by using the offending lay out, design, colour scheme on the packings with the one used by the plaintiffs. It also seeks an injunction to restrain the defendants, their servants, agents or stockists from using the mark SUPER SNOWCEM which is an infringement of the plaintiffs trade mark SNOWCEM registered under No. 89847. It also seeks to restrain them from using the impugned label/mark with the mark SUPER SNOWCEM so as to pass off and enable others to pass off their SUPER SNOWCEM as that of the plaintiffs.

(2.) Relief is also claimed for delivery by defendants to the plaintiffs all the packings like sacks and other material containing the said offending trade mark and for rendition of accounts.

(3.) The facts alleged are that plaintiff No.1 George Litigation and Company Limited is incorporated and organised under the laws of England and carrying on business in cement paint. The said company is the registered proprietor of the trade mark SNOWCEM under No. 89847 in Class 2 of the IV Schedule of the Trade and Merchandise Marks Act, 1958. This trademark has been renewed from time to time and subsists in the Register of Trade of Marks. Plaintiff No.3 Snowcem India Limited is the registered users of the said trademark SNOwCEM in India. Their registered office is at India. The said paints under the trademark SNOWCEM are manufactured and filled in sacks of various sizes. Plaintiff No.2 Snowcem India Limited is the users of trademark SNOwCEM and are also duly registered with the Registrar of Copyrights works in respect thereof. Plaintiff No.3 is affixing its copyright on the drums and sacks in which SNOWCEM is packed.