DHARAMPAL SATYAPAL LIMITED Vs. SUNEEL KUMAR RAJPUT

JUDGEMENT

(1.) The Plaintiff holds registration for the mark 'Rajnigandha', in Class 31 which relates to tobacco products. The Plaintiff's case is that the trademark 'Rajnigandha' was adopted by the Plaintiff's predecessors in the year 1983 in respect of pan masala. The Plaintiff is registered as the subsequent proprietor of this mark since 25th February 2002. The Plaintiff claims that 'Rajnigandha', the Plaintiff's flagship brand, is the world's largest selling premium flavoured pan masala and that the consumers around the world associate the mark 'Rajnigandha' exclusively with the Plaintiff. The export sales of the Plaintiff's group of the companies under the trade name 'Rajnigandha' are set out in para 6 of the plaint. For the year 2010-11, the sales were over Rs. 2.20 crores. The Plaintiff states that it has been spending huge amounts of money in popularizing and publicizing the goods bearing its trademark 'Rajnigandha' by widely advertising it in newspapers, magazines, electronic media etc. The worldwide sales figures and the total marketing/communications expenditure for the cumulative businesses of the Plaintiff since 2005-06 have been set out in para 9 of the plaint. The Plaintiff states that it has applied for registration of the trade mark 'Rajnigandha' (device) in Class 37 for building construction, repair, installation services on 1st October 2007 and the said application is pending.

(2.) The Defendants admittedly applied for registration of 'New Rajneegandha Greens' mark under Classes 36 and 37 only on 1st March 2012, i.e. after the interim order dated 15th February 2012 and after service of summons on them on 22nd February 2012. The main business of the Defendants is real estate and building construction relatable to Class 37. A factor that is relevant to the issue at hand is that the real estate projects in which booking is offered by the Defendants are in and around the Noida area, where the Plaintiff has a principal place of business.

(3.) On 15th February 2012 this Court passed an interim order, the operative portion of which reads as under: