MARS INCORPORATED Vs. KUMAR KRISHNA MUKERJEE

JUDGEMENT

(1.) . This is a Quia Timet suit i.e. action against apprehended or threatened invasion.

(2.) The plaintiff is the proprietor of the Trademark "MARS'. The said trademark is registered in India and in as many as 170 countries. It is used in respect of chocolates, confectionery, preserved food products and other foodstuffs in India wherein in other countries it is used in respect of snack foods, main meal foods, pet care, electronics and drinks. The plaintiff came into action when it found that defendant had incorporated a Company under the name and style of Mars Foods Pvt. Ltd. According to the plaintiff, the object clause of the Company projects the intention to conduct a business in the food sector namely bakery and food items, canned and tinned foods, ready to eat foods, machinery for food processing and food manufacturing and packing. Admittedly the defendant has neither commenced the manufacturing nor commenced the sale of goods.

(3.) The defendants were served with the summons of the suit but they did not choose to appear to contest the action of the plaintiff.