HINDUSTAN PENCILS LIMITED Vs. RAKESH KALRA

JUDGEMENT

(1.) This is a suit seeking permanent injunction against the infringement of the trademark NATARAJ and passing off of the same and rendition of accounts. The matter has been compromised with defendant No. 2. Defendant No. 1 has been proceeded ex parte.

(2.) The plaintiff claims proprietorship of following trademarks: (a) Trade Mark NATARAJ with the device of Nataraj under No. 225923 as of 14.12.64 claiming user since 22.7.1961 in respect of writing pencils. (b) Trade Mark NATARAJ with the device of Nataraj under No. 260466 dated 6.11.1969 claiming user since 22.7.1961 in respect of pencils, refills for propelling pens and pencils, pencils sharpeners, pens, fountain pens, erasers and pins, clips and staples included in Class-16. (c) Device of NATARAJ with the Trade Mark Nataraj under No. 283730 as of 27.10.1972 in Class 16 claiming user since the year 1961 in respect of pencils of all kinds, erasers, refills for propelling pens, pencils, pencil sharpeners, pens fountain pens, pins, clips and wire staples for stapling presses. (d) Trade Mark No. 182026 as of 29.1.1957 in respect of pencils of all kinds in class 16 pertaining to the device of a sitting baby.

(3.) It is averred that in the 1st week of July 1990, it came to the notice of plaintiffs that the defendants introduced into the market pencils under the trade mark NATARAJ with the device of Nataraj in a carton/cartons Annexure "Z". It is further averred that the defendants have slavishly copied the plaintiffs carton in which they are selling their pencils under the trade mark NATARAJ. The defendants' carton also has the same colour scheme, get up and arrangement and the same size in which the plaintiffs are selling their pencils. The defendants have copied the whole carton of the plaintiff's carton in all respect which is an infringement of the plaintiffs registered trade mark Nos. 225923, 260466 and 283730. They have also used the device of a sitting baby on their carton which is an infringement of the plaintiffs Trade Mark No. 182026.