LT FOODS LIMITED Vs. HERTIAGE FOODS LIMITED

JUDGEMENT

(1.) This is an application by the Defendant, Heritage Foods (India) Limited ('HFIL') under Order VII Rule 10 and 11 of the Code of Civil Procedure, 1908 ('CPC') seeking rejection of the plaint.

(2.) LT Foods Limited (LTFL) has filed the above suit seeking a permanent injunction to restrain HFIL from infringing LTFL's trademark HERITAGE under Class 30 and also restraining HFIL from processing, selling, exporting, marketing, advertising or offering for sale of rice or any other cereals under the trade mark HERITAGE which may amount to passing off of HFIL's goods for those of LTFL.

(3.) The case of LTFL is that it sells rice under various well-known and internationally famous brands, i.e., DAAWAT, DAWAT, HERITAGE, ORANGE, DEVAAYA, CHEF'S SECRET, SONA etc. LTFL states that it adopted the trade mark HERITAGE in 1997 and has since put in extensive commercial use in India and internationally. LTFL has been granted registration of the label mark HERITAGE in Class 30 for rice on 20th April 2018 and the said registration is stated to be subsisting. The annual sales figures of LTFL's rice from the year 1997-98 till 2008-09 have been set out in para 9.