PERFETTI VAN MELLES.P.A Vs. ANIL BAJAJ

JUDGEMENT

(1.) PLAINTIFFS have filed the present suit for permanent injunction, restraining infringement and passing off of trade dress rights, copyright, delivery up against the defendants. On 14.1.2005 while issuing summons in the suit an ex parte injunction was granted in favour of the plaintiff and against the defendants, restraining the defendants from marketing and selling their products in the packaging/wrapping with the trade dress, get -up and design of the plaintiff. As despite service none appeared on behalf of defendants, defendants no.1 to 4 were proceeded ex parte on 28.1.2014 and on 4.9.2013 defendant no.5 was deleted from the array of parties. In view of the fact that the plaint is duly supported by the affidavit of the authorized representative of the plaintiffs, it is not necessary to direct the plaintiffs to lead evidence in the matter and the plaint shall be treated as an affidavit. The documents filed by the plaintiffs stand duly exhibited.

(2.) AS per the plaint, Sh.Sudhir D. Ahuja, is the constituted attorney of the plaintiff no.1 in India. A copy of the notarized power of attorney in favour of Mr.Ahuja has been exhibited as Ex.P -4. The Plaintiff No. 1 is stated to be a renowned company engaged in the manufacture, sale and distribution of, inter alia, confectionery items including candies, toffees, mints, breath fresheners, chewing gum, bubble gum, lollipops etc. under various world famous trademarks. The products of the Plaintiff No. 1 are available in many countries of the world, including India, under well known trademarks such as ALPENLIEBE, ALPENLIEBE LOLLIPOP, BIG BABOL, CENTER FRESH, CHLOR -MINT, CHOCOLIEBE, CHUPA CHUPS, COFITOS, FRUITTELLA, HAPPYDENT WHITE, MARBELS, MENTOS, amongst others. The Plaintiff no. 2 entered the snacks segment with an innovative filled and non -fried ready -to -eat salty snacks product for the first time in India in 2011 with the launch of its ,,stop not range of snacks. All these products are available both within and outside the jurisdiction of this Hon'ble Court.

(3.) IT is also pleaded in the plaint that in India, the plaintiff No. 1 operates through its subsidiary, Perfetti Van Melle India Pvt. Ltd., which is the plaintiff No. 2 herein. The plaintiff No. 2 is a company incorporated on 26 June, 1992 under the Companies Act, 1956. The plaintiff No. 2 has its main offices in Gurgaon and Delhi, and operates throughout India, and is the authorized user of all trademarks of the plaintiff No. 1 in India. The plaintiff No. 2, in effect, conducts its business using the know -how, technology, and the intellectual property rights of the plaintiff No. 1, and is rated as one of the best companies in India in the business of confectionery, chewing gum, bubble gums, etc. The plaintiff No. 2 has diversified and expanded its products portfolio to ready -to -eat, packaged salty snacks business. Documents evidencing the Plaintiff No. 2's business activities and range of products for India are exhibited as Ex. P -