INDIYAA DISTRIBUTION NETWORK LLP Vs. P. SINGH

JUDGEMENT

(1.) Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode.

(2.) The present suit has been filed by the Plaintiff - Indiyaa Distribution Network LLP against the four Defendants, being Defendant No.1 - P. Singh, Defendant No.2 - Sanjivan Anusandhan Pvt. Ltd., Defendant No.3 - Harsheen Sales, and Defendant No.4 - India Best Shop. The Plaintiff seeks permanent injunction, passing off, rendition of account, damages and other reliefs.

(3.) The Plaintiff has been engaged in the manufacture and sale of an Ayurvedic joint pain relief oil since the year 2009, under the mark 'SAPTARISHI SANDHI SUDHA'. It is claimed that the mark 'SANDHI SUDHA', and the house mark 'SAPTARISHI', was coined by the Plaintiff in the year 2008. The mark 'SANDHI SUDHA' has been in use by the Plaintiff since the year 2009, along with the house mark 'SAPTARISHI'. The Plaintiff also claims to be the registered proprietor of the copyright in the packaging of the product branded under the mark 'SAPTARISHI SANDHI SUDHA'. The 'SANDHI SUDHA' product of the Plaintiff is stated to have achieved substantial sales and goodwill, and the Plaintiff has a large network of distributors in India for the said product. The sales figures of the 'SANDHI SUDHA' product of the Plaintiff, as set out in the Plaint, was more than Rs. 1.00 crore for the financial year 2017-2018. In addition, the advertisement expenses of the Plaintiff in respect of its 'SANDHI SUDHA' product, as set out in the Plaint, was over Rs. 53.00 lakhs for the financial year 2017-2018. Extensive publicity has been given to the 'SANDHI SUDHA' product on various television channels, as also, through the Plaintiff's websites, being www.indiyaa.in, www.sandhisudha.com, and www.sandhisudha-plus.com.