MANUFACTURING COMPANY Vs. KHEMCHAND ENTERPRISES

JUDGEMENT

(1.) The plaintiff has filed the present suit under Section 134 and 135 of the Trade Marks Act, 1999 as well as under Section 55 of the Copyright Act, 1957 for permanent injunction restraining infringement, passing off, rendition of accounts, damages etc.

(2.) As per the case of the plaintiff, the plaintiff is a company organized and established under the laws of United States of America. The plaintiff is engaged in the business of manufacturing and marketing of chemical products for industrial use, lubricating and penetrating oils and agent; cleaning, polishing and scouring preparations; and allied/related goods (hereinafter referred to as "the said goods").

(3.) In the year 1957 the plaintiff conceived, coined, adopted and started commercially using the Trade Mark WD-40 (both word per se as well as in label form in distinctive colours) (hereinafter referred to as the "said trade mark") in United States of America in relation to the said goods. Specimen of plaintiff's said trade marks are marked as Ex. PW 1/1 and Ex. PW 1/2.