CARGILL INDIA PVT. LTD. Vs. PRAMOD GAVALI

JUDGEMENT

(1.) The plaintiff has filed the present suit for permanent injunction seeking to restrain the defendants from infringing its registered trademark "SHUBH", copyright in the packaging/label pertaining thereto, passing off, delivery up, damages and rendition of accounts. The plaintiff - Cargill India Private Limited is engaged in the business of refining, packaging and trading of edible oils and other related products. The plaintiff owns various world-class refineries in Orissa, Gujarat and Maharashtra.

(2.) The plaintiff was originally incorporated in the name of Parakh Foods Ltd. in the year 1979 and was renamed Cargill Foods India Limited in the year 2006. Subsequently, Cargill Foods India Limited amalgamated alongwith four other companies into Cargill India Private Limited with effect from 22.09.2008.

(3.) The subject matter of the present suit is the plaintiff's brand of refined soyabean oil "SHUBH" registered in India vide trademark registration No. 1053461 in Class 29 with effect from 19.10.2001, which was originally granted to Parakh Foods Ltd. (plaintiff's predecessor) and in respect of which the plaintiff has filed a TM-33 before the Registrar of Trademarks for recording its name as the subsequent proprietor. The plaintiff adopted the trademark "SHUBH" in the year 2001 and has continuously and extensively used it since then. It is averred that the trademark "SHUBH" has acquired substantial reputation and goodwill amongst the relevant class of consumers and the trade. The plaintiff packs its products in a polypack bearing a distinctive get up, layout, arrangement of features and colour schemes, which was designed by Mr. Ravi Songirkar for the plaintiff for valuable consideration. The copyright in the artistic work in the get up is owned and registered in the name of the plaintiff vide registration No. A-65104/2003.