LARSEN AND TOUBRO LIMITED Vs. LEUCI COMMUNICATIONS

JUDGEMENT

(1.) This is a suit for injunction, damages and delivery of the infringing material. The Plaintiff is a company incorporated under the Companies Act. The Plaintiff-company holds copyright in respect of trademark/logo LT (in a circle) vide Registration No. 1169145 dated 24th January, 2003 under Class 9 under 4th Schedule to Trademarks Act, 1999. Two Danish Nationals, Henning Holck-Larsen and Soren Kristian Tourbo started business in the partnership, which they established in the year 1938. The partnership firm was later converted into a Limited Company and the Plaintiff-company which was incorporated on 07th February, 1946 took over the business of the partnership firm set up by those two Danish nationals. The Plaintiff-company is carrying business in India as also any other countries for last many years and claims that the word Larsen and/or Turbo have come to be associated by the traders and members of the public exclusively with the Plaintiff-company which is also known by a short name L&T, 'L' standing for Larsen and 'T' standing for Turbo. The Plaintiff-company has a number of subsidiary companies which also use the name Larsen & Turbo as a part of their corporate name. The trademark/logo LT is registered in the name of the Plaintiff No. 1 also in various other classes viz. 2, 3, 4, 5, 7, 8, 9, 10 ,1 1, 12 ,1 3, 14, 15, 16, 17 ,18 ,21 ,22 ,23, 24, 25, 26, 27, 29, 31 and 33. The Plaintiff-company claims turnover of Rs. 10124 crores, 10212 crores and 13965 crores during the years 2002-03, 2003-04, 2004-05 respectively. It claims annual profit after tax of Rs. 433 crores, Rs. 533 crores, Rs. 984 crore s respectively during these years. It is also alleged that the Plaintiff-company incurred expenditure of Rs. 43 crores, Rs. 26 crores and Rs. 30 crores respectively during these periods, on advertising its mark and products.

(2.) It is alleged that on 25th September, 2006, Mr Santanu Das, Sales Engineer in the Jamshedpur office of the Plaintiff-company purchased a charger from a shop in Muzaffarpur in Bihar and found that though the charger was made in China, L&T logo (in a circle) was printed on the top of the carton and it was also found engraved on the charger itself. It is alleged that use and adoption of the mark L&T by the Defendants is likely to cause confusion and give an impression to the public that the Defendants are associated with the Plaintiff-company. It is also alleged that the Defendants have adopted/copied the mark of the Plaintiff in respect of goods mentioned in Class 9 which are covered by the Plaintiff's registered mark and have thereby infringed the said trademark. It is also claimed that the whole intention of the Defendants in adopting and using the trademark/logo of the Plaintiff is to pass off their products as those of the Plaintiff and to represent to the public that they are in some way connected with the Plaintiff-company. The Plaintiff has sought an injunction restraining the Defendant from using its trademark/logo LT or any other mark which is deceptively similar to the registered trademark/logo of the Plaintiff-company. The Plaintiff has also sought injunction restraining the Defendant from passing off its goods/products as those of the Plaintiff-company. Damages amounting to Rs. 20,01,600/- have also claimed by the Plaintiff from the Defendants. The Plaintiff has also sought destruction of the infringing goods and packing material, etc.

(3.) The suit was filed against 8 Defendants. However, vide order dated 1st December, 2006, the suit against Defendants 1 to 6 was decreed in term of the compromise between them and the Plaintiff-company. Defendant No. 8 was proceeded ex parte on 11th September, 2007, whereas Defendant No. 7 was proceeded ex parte on 04th August, 2008.