HARJEE FOODS Vs. BARBINO ENTERPRISES PVT. LTD

JUDGEMENT

(1.) This is a suit filed by the plaintiffs for permanent injunction, passing off, rendition of accounts, delivery-up and damages, with respect to the plaintiffs? marks "KIDO" and "KIDCO", allegedly being used by the defendants for confectionery items and sweets, candies, toffees, etc.

(2.) The plaintiff no.1 is a registered partnership firm, which has been using the marks KIDO and KIDCO for wafers, biscuits, candy, confectionery, sweets, toffees and various other products since the year 1999. Plaintiff no.2, Mrs. Paramjeet Kaur, is the sole proprietress of SPS Sweets and was given permission in the year 2003, by plaintiff no.1, to use and manufacture under the mark KIDO. The mark KIDO is a registered trademark under class 30 vides Registration No. 1038080.

(3.) The plaintiffs submit that they supply wafers, confectionery, sweets etc under the said marks to various institutional buyers like Northern Railway and schools like St. John School, St. Mary Convent School, Army School etc. The plaintiffs contend that due to the extensive use of the marks KIDO and KIDCO, they have established a good reputation for themselves. It is submitted that the plaintiffs have also promoted the marks KIDO and KIDCO by advertising in various newspapers, through publicity in schools and by sponsoring various community activities. That on knowing about use of the mark KIDO by the defendants, the plaintiffs obtained a search report from the Registrar of Trademarks, which revealed that defendant no.2 had also applied for registration of the trademark KIDCO and that its application is still pending. It is contended that the application of the defendant no.2 was filed subsequent to that of the plaintiffs?. The plaintiffs contend that since the trademark KIDO is registered, they enjoy complete statutory protection of the mark under the Trademarks Act 1999. It is submitted that the use of the trademarks KIDO and KIDCO by the defendants is in an identical fashion and used for the same class of goods. The plaintiffs contend that since the customers are usually young children, there is a higher chance of confusion between the plaintiffs marks and the infringing mark of the defendants?. In view of the above, the plaintiffs have prayed for a permanent injunction, delivery up, rendition of accounts and damages to the tune of Rs. 21,00,000 (Rupees Twenty One Lakhs only).