HORLICKS LIMITED Vs. KARTICK SADHUKAN

JUDGEMENT

(1.) HORLICKS Limited, Plaintiff No. 1, a foreign company, is engaged in manufacture of a wide range of energy boosting food products, including foods for infants, children and invalids, malted milk, biscuits, toffees, etc. under the trademark HORLICKS, of which it claims to be the proprietor. The trademark 'HORLICKS' was registered in India in relation to foods for infants, children and invalids as well as malted milk way back in 1943, for biscuits in 1961 and in respect of toffees in 1966.

(2.) The plaintiff No. 3, manufactures and markets products under the trade mark 'HORLICKS' in India with the express authorization of plaintiff No. 2. Plaintiff No. 2, is the licensee of the said trade mark by virtue of a Trademark License Agreement dated 3rd February, 1997, executed in its favour by plaintiff No. 1, permitting plaintiff No. 2 to authorise use of the trade mark upon the "contract products".

(3.) Plaintiff No. 3 is alleged to be the owner of copyright to the artistic work in the HORLICKS label upon which the sun/milk/wheat device is depicted and is exclusively entitled to reproduce the colour scheme, get up, lay-out and the arrangement of features of the HORLICKS label in any material form. By virtue of prior adoption, use and registration of the trade mark HORLICKS and long, continuous and extensive use thereof in India in respect of food products, the trademark is claimed to have attracted valuable goodwill and substantial reputation is attached to it.