SIMLA CHEMICALS PVT LTD Vs. SUN SOAP INDUSTRIES

JUDGEMENT

(1.) This is a suit for permanent injunction, rendition of accounts and delivery up of the infringing material.

(2.) The defendants were engaged in the business of manufacture and sale of bleaching preparations and other substances for laundry use; cleaning; polishing, souring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions and other cognate and allied goods. Defendant No.1 is stated to be the proprietorship concern of defendant No.2. It is alleged that the defendants have adopted the mark SIMCO of the plaintiff in respect of the same or similar goods, which is dishonest and mala fide. The intention of the defendants in using the mark of the plaintiff is to encash upon the goodwill and reputation of the plaintiff?s trade mark, which the said mark enjoys in the market, by giving impression as if their goods originate from the plaintiff or are in some manner connected with it. In October, 2007, the attention of the plaintiff was drawn to the publication of an application for registration of the trade mark SIMCO in class 3, in favour of the defendants, in respect of bleaching preparations and other substances for laundry use; cleaning, polishing, souring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions and other goods mentioned for sale in southern states. The plaintiff opposed the aforesaid application and at the time of filing this suit, the proceedings in this regard were stated to be pending. The plaintiff has sought an injunction restraining the defendants from using the mark SIMCO and/or any other mark identical and/or deceptively similar to the said mark in respect of bleaching preparations and other substances for laundry use; cleaning, polishing, souring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions and other goods covered by plaintiff registrations or any goods of same or similar description. They have also sought an injunction against manufacture, sale, offering for sale dealing in bleaching preparations and other substances for laundry use; cleaning, polishing, souring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions and/or any other cognate or allied goods under the impugned mark SIMCO or any other mark deceptively similar thereto.

(3.) The defendants were proceeded ex-parte vide order dated 24.04.2009. The plaintiff has filed affidavit of its Managing Director Mr. Kuldeep Singh by way of ex-parte evidence. In his affidavit by way of evidence, Mr. Kuldeep Singh has supported, on oath, the case set out in the plaint and has stated that the plaintiffcompany is engaged in the business of manufacture and sale of inter alia Hair Fixers, Hair Gels, Hair Shampoos, Perfumery, Cosmetics, Hair Lotions, Bleach Creams Preparations, moisturizers etc. for the last more than five decades. He has further deposed that the defendant is engaged in the business of manufacture and sale of bleaching preparations and other substances for laundry use; cleaning, polishing, souring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions and other cognate and allied goods.