SHRINIVAS SUGGANDHALAYA Vs. P S LAKSHMI KALAVATHI

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for permanent injunction, infringement of copyright, unfair trade practices, damages and delivery up etc. against the defendants. On 15.02.2006 summons were issued in the suit. While issuing notice in the application (I.A. No.1723/2006), this court had restrained the defendants their servants, agents, stockiest from manufacturing, selling, offering to sell, distributing, exporting the scented agarbatti and all other allied and cognate goods with or without using trademark NAGCHAMPA having colour scheme, layout, get up and arrangement of features like Annexure E to the plaint. The defendants entered appearance and filed their written statement. The written statement is not on record. However, on 09.11.2011 counsel for the defendants sought discharge from the case, and the request of Mr.Atul Bandhu, counsel for the defendant was allowed by the Joint Registrar. Thereafter, court notice was issued to the defendants, but the defendants have chosen not to appear in the matter and on 03.01.2012, defendants were proceeded ex parte.

(2.) DESPITE the matter being passed over twice, none has chosen to appear on behalf of the defendants. Case of the plaintiff as set out in the plaint is that plaintiff has invented and adopted a trademark ,,NAGCHAMPA in respect of Agarbatties. The plaintiff also invented and adopted a special label/ packaging having a distinctive colour scheme and get up with a blue background with white letters wherein words SHRINIVAS SUGANDHALAYA ,,NAG CHAMPA are written in a distinctive white script. The said blue background has also a monogram SS in a Circle. The said monogram SS in a distinctive colour scheme and get up is also printed on the side of the packages. The entire label consisting of the words ,,NAG CHAMPA Agarbatties also bears a legend of ,,Satya Sai Baba ,,NAG CHAMPA Agarbatties and the name of the firm appears in a distinctive letterings. The plaintiff claims that the packaging is the original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957.

(3.) IT is also deposed that in order to distinguish the goods of the manufacture from similar goods, the plaintiff invented and adopted a trade mark 'NAGCHAMPA in respect of Agarbatties; the plaintiff also invented adopted a special label/ packaging having a distinctive colour scheme and get up with a blue background with white letters wherein the words Shrinivas Sugandhalaya 'NAG CHAMPA are written in a distinctive white script; and the said blue background also has a monogram SS in a Circle. The said monogram SS in a distinctive colour scheme and get up is also pasted on the side of the packages. The entire label consisting the words 'NAG CHAMPA Agarbatties also bears a legend of 'Satya Sai Baba NAG CHAMPA Agarbatties and the name of the Firm appears in a distinctive letterings. The packaging of the plaintiff is an original artistic work within the meaning of Section 2 (c) of the Copyright Act, 1957 and the plaintiff is the owner of the same.