HINDUSTAN PENCILS LTD. Vs. GAUTAM INDUSTRIES

JUDGEMENT

(1.) The plaintiff having given up reliefs sought regarding rendition of accounts as also seeking delivery of goods of defendant for destruction, the suit only survives for permanent injunction. The brief facts are as under:

(2.) The plaintiff is the manufacturer of pencils and other items of stationery and is carrying on business since the year 1997. The plaintiff adopted the trademark NATARAJ in the year 1961 along with the device of NATARAJ in respect of pencils, sharpeners and all other products in a distinctively designed label having red background and the word NATARAJ written in a particular characteristic and style. It is also submitted that the plaintiff company is the registered proprietor of the following trademarks:

(3.) It is submitted that the plaintiffs are also the registered proprietor of copyright No. A-25427/79 in respect of carton of NATARAJ with a device of Nataraj and have been selling their products packed in a box with a distinctive colour scheme and get up. It is submitted that the packing of the plaintiff's NATARAJ 621 SHARPENERS is six dimensional box. The said box has 20 sharpeners which are also packed in an individual and distinctive packing material/carton. A detailed panel wise description of the plaintiff's carton is set-out in the plaint.