RAJMOTI INDUSTRIES Vs. GIRIRAJ SUGANDH INDUSTRIES

JUDGEMENT

(1.) The plaintiff has filed the above-mentioned suit under Sections 134 & 135 of the Trade Marks Act, 1999 seeking relief of permanent injunction to restrain infringement, passing off and delivery up etc.

(2.) The case of the plaintiff is that it is engaged in the business of and sale of edible oils including groundnut oil and cotton seed oil. In the year 1962, the plaintiff honestly, bonafidely and in the course of trade, adopted, coined and conceived the word/mark "RAJMOTI" (word per se and in artistic manner), the artistic label bearing the word/mark "RAJMOTI" and its firm name M/s Shree Rajmoti Industries of which the word "RAJMOTI" is an essential key material and distinguishing part.

(3.) The copyright in the said label is duly registered in favour of the plaintiff under the Copyright Act under Copyright Registration No.A-61228/2002, and the said trade mark "RAJMOTI" forms a part of this label viz. copyright registration.