MAHASHIAN DI HATTI LTD Vs. RAJ NIWAS

JUDGEMENT

(1.) This is a suit for permanent injunction, damages and delivery up of infringing material.

(2.) The aforesaid logo trademark is registered in the name of plaintiff company since 31st May, 1991 and the plaintiff company claims its use throughout the world. This is also the case of the plaintiff company that on account of long, continuous and extensive sale, sale promotion and wide publicity given to the products under the aforesaid logo and excellent quality of the products, the plaintiff company enjoys tremendous goodwill and reputation not only in India but worldwide, in respect of the goods sold under its registered logo trademark. The plaintiff company claims sale of Rs. 181,90,67,134/-, Rs.217,24,30,303/- and Rs.252,79,37,137/- and advertisement and publicity expenses of Rs.10,56,00,000/-, Rs.12,34,00,000/- and Rs.9,14,57,886/- in the years 2005-06, 2006-07 and 2007- 08 respectively. During this period, the plaintiff company claims sales of Garam Masala, Chana Masala, Meat Masala, Kitchen King and Haldi powder weighing 2960748 Kg., 3931290 Kg., 2359890 Kg., 3798234 Kg and 1467072 Kg respectively.

(3.) The defendant has been using a logo "MHS" within hexagen device with red colour background on carton is alleged to be similar to those being used by the plaintiff company. The case of the plaintiff is that this is being done with the sole intention to pass off the goods of the defendant as those of the plaintiff and amounts to not only infringement of its registered trademark but also passing off the goods of the defendant as those of the plaintiff. This is also the case of the plaintiff that the defendant had no justification for adopting the alphabets "MHS" with hexagen device with red colour background and the use of the aforesaid mark by the defendant is likely to cause confusion and deception as the goods of the defendant are likely to be purchased by the consumer in a mistaken belief that they are the goods of the plaintiff company or its affiliate and the public is likely to be deceived as regards the source of the goods. The plaintiff company has accordingly sought an injunction restraining the defendant from using the infringing logo "MHS" or any other trademark identical with or deceptively similar to plaintiff's registered trademark "MDH" logo. It has also sought injunction restraining the defendant from passing off its goods as those of the plaintiff besides seeking destruction of the infringing material and damages amounting to Rs.20 lakhs.