HINDUSTAN LEVER LTD Vs. POINEER SOAP FACTORY

JUDGEMENT

(1.) THIS is a suit filed by Hindustan Lever Limited against Poineer Soap Industries and its partner/proprietor, Shri N.K. Bansal, for perpetual injunction, infringement of trade mark, passing off and rendition of accounts, etc.

(2.) IT is the case of the plaintiff that it is the leading soap manufacturer of India. IT is registered proprietor of eleven trade marks. One of them is SUN word per se under No. 147011 in Class 3 in respect of bleaching preparations and other substances for laundry use, detergents (not for use in industrial process) and soaps. This trade mark has been renewed since 19th January, 1951, from time to time and is subsisting on the Register of Trade Marks. The other trade mark is SUNLIGHT with the device of rays of sun under No. 87107 in Class 3 in respect of soaps and substances for laundry use. This mark is also subsisting and has been renewed from time to time from 9th October, 1943. Other trade marks are SUNSILK, SUNSHINE, SUN BEAM. Four of the trade mark labels with the word SUNLIGHT are in respect of soaps and substances of laundry use. SUNLIGHT word per se, it is averred, is the registered trade mark of the plaintiff under No. 87099.

(3.) IN the result, this application is allowed and the defendant is restrained from using the offending mark "Suraj" till the final disposal of the suit. No order as to costs.