FDC LIMITED Vs. FARAWAY FOODS PVT LTD

JUDGEMENT

(1.) By this order, I dispose of I.A. 18292/2019, preferred by the plaintiff FDC Ltd under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking interim injunction against the defendant M/s Faraway Foods Pvt Ltd, from manufacturing, marketing or selling products under the mark "MUMUM" which, it is alleged, is deceptively similar to the trade mark "MUMMUM", used by the plaintiff. Rival Pleadings

(2.) The plaintiff claims to have coined and adopted the trade mark "MUMMUM" in 1986, and has been continuously and uninterruptedly using the said trade mark in India since 2008. The trade mark, it is contended, was first used for infant foods. On 28th April, 1986, the plaintiff was granted a manufacturing license, for manufacturing preparations under the trade mark "MUMMUM". The plaintiff also applied for BIS (Bureau of Indian Standards) certification, for its products being manufactured and sold under the trade mark "MUMMUM" in 2007, and was granted certification as sought.

(3.) It is claimed, by the plaintiff, that the trade mark "MUMMUM" is fanciful and inherently distinctive, and cannot be treated as descriptive of the product of the plaintiff. By long and continuous use, it is contended that the plaintiff has acquired exclusive rights to use and exploit the trade mark "MUMMUM". As is customary, the plaintiff has also provided a tabular statement of the audited sales figures of its products being sold under the trade mark "MUMMUM", during the period 2008-2009 till 2019-2020. By long and continuous use, therefore, it is claimed that the plaintiff has become the owner of the trade mark "MUMMUM".