WWF INTERNATIONAL Vs. MAHAVIR SPINNING MILLS LTD

JUDGEMENT

(1.) I have heard arguments in detail for deciding these two applications, one filed by the plaintiff seeking grant of interim injunction till the disposal of the suit and the other filed by the defendant for vacation of ex-parte injunction order granted by this Court on July 11, 1994.

(2.) Due to devastating pollution and uncontrolled exploitation of the natural resources made available to human being on this planet, the plaintiff organization came up with the keen object of conservation of natural environment, various species of plants and animals which were on the verge of extinction or are being endangered with the massive growth of human world population. It had global representative and of 23 affiliate and 5 associate national organizations and it interacts with various Government departments dealing with such subjects and particularly it works in close harmony with world Conservation Union.

(3.) It is averred in the plaint that WWF International-plaintiff is involved in more than 11000 Conservation Projects spread out in 130 countries. In order to raise funds all over the world for carrying out its conservation objects the plaintiff has been selling various ranges of products of different material all over the world including India. The plaintiff is stated to have; through its affiliate WWF of India had opened a shop operating in India at New Delhi for selling paper, products, nature educational material among other camping material including audiovisual presentation. It is averred in the plaint that plaintiff is the owner and holder of the word copyright in respect of 'PANDA' device and in India the word "PANDA" and the device of 'PANDA' separately stand registered in various classes of goods in the name of the plaintiff. The plaintiff has given particulars of such registration in para Z of the plaint and in para 5 of the replication. It is claimed by the plaintiff that on account of its philanthropic activities logo of WWF with device of 'PANDA' has achieved of a worldwide reputation and logo/mark/name WWF PANDA device associated with the plaintiff is known globaly with the good/services which they are providing to various beneficiaries in a number of countries world over including India. It is pleaded that the name/logo/mark 'PANDA' with PANDA artistic device is known all over the world and has achieved the goodwill and unique reputation and the same being looked upon with respect and regard all over the world including India.