EICHER GOODEARTH LTD. Vs. AMERICAN AUTOMOBILES

JUDGEMENT

(1.) The plaintiffs have filed the present suit for permanent injunction seeking to restrain acts of infringement of its trademark "EICHER", copyright in the packaging, passing off, acts of unfair competition, dilution, damages, rendition of accounts of profit, delivery up, etc. against the defendant Nos. 1 to 3. The plaintiff No. 1 -- M/s. "EICHER" Goodearth Ltd. is the parent/promoter Company of the "EICHER" Group of Companies. The plaintiff No. 2 was promoted by the plaintiff No. 1 in the year 1986 in technical and financial collaboration with Mitsubishi Motors Corporation of Japan for the manufacture of commercial vehicles (in the light, medium and heavy segment) at Pitampur in Madhya Pradesh. The Memorandum of Association of the plaintiff No. 2 Company is Ex.PW 1/3.

(2.) The present suit relates to the misuse of the well-known and registered trade mark of the plaintiff "EICHER" by the defendants as also of the registered logo of the plaintiffs and their packaging in relation to motor parts. It is alleged that the products being sold by the defendants are such an identical reproduction that it is almost impossible at first sight to distinguish between the genuine and the counterfeit products. In fact, the products marketed/ manufactured by the defendants are an exact replica of the plaintiffs' products. The defendants have copied the mark "EICHER", the logo of the plaintiffs, the writings on the product packaging, the mascot of the plaintiffs' product, and, in fact, the defendants have reproduced each and every feature of the plaintiffs' product packaging.

(3.) On completion of the pleadings of the parties, the following issues were framed by this Court (Hon'ble Mr. Justice Swatanter Kumar) for adjudication: --