RAMESH CHANDER SHARMA Vs. KISHORE DASWANI

JUDGEMENT

(1.) This is a suit filed by the plaintiff for grant of a decree for permanent injunction restraining the defendants from infringing the copyright as also lable like Annexure X to the plaint bearing the trademark HONEYBEE/HONEYBEE PLUS and further passing of their goods as goods of the plaintiff or to do anything, which may cause confusion and deception in relation thereto.

(2.) The plaintiff is the sole proprietor of M/s Pretty Enterprises carrying on business, interalia, of manufacture and sale of all kinds of hair removing wax and other allied items. The plaintiff adopted the trademark HONEYBEE bona fidely on 1st October, 1998 in relation to Hot/Cold Hair Removing Wax and cosmetic goods. The plaintiff also obtained manufacturing license from the Drug Controller, Delhi under licence No. 1296/COS dated 13th August, 1999 with the said brand name HONEYBEE. It is further the pleaded case of the plaintiff that the plaintiff has a copyright in Honeybee Hot Wax and the present dispute relate thereto. It is also stated that the packing material used by the plaintiff in relation to Honeybee Hot Wax is a distinctive and unique label since September, 1999. It is distinctive and public at large recognise the packing material along with trademark of the plaintiff. The plaintiff has shown its sale during the year 1999-2000 to 2001-2002 in the range of Rs. 10 lakhs and above. The plaintiff also claim that it has spent a huge amount for publicity of the trademark Honeybee as well as the packing material and they have learnt that defendant No. 1 is selling the goods manufactured by defendant No. 2 all over India and are infringing plaintiff's trademark, passing of their goods as the goods of the plaintiff and further that they have also infringed the copyright of the plaintiff. The packings issued by the defendants are deceptively similar to that of the plaintiff and they are using identical trademarks.

(3.) The defendants had put in appearance before the Court and ad-interim injunction in favour of the plaintiff was granted vide order of the Court dated 1st September, 2003, which was in force all this time. Vide order dated 18th November, 2003 it was recorded that parties are negotiating a settlement and prayed for time. Different dates were taken but no settlement was effected between the parties. As no compromise was filed, the matter was listed for arguments. Vide order dated 8th August, 2005, the defendants were proceeded ex-parte as nobody was appearing on behalf of defendants on the numbers of hearing and the case was ordered to be listed before the Joint Registrar on 26th August, 2005 and for final disposal before the Court on 30th August, 2005. Before the Joint Registrar on 29th August, 2005, PW-1 Mr. Ramesh Chander filed his affidavit Exhibit PW 1/A and tendered the same. The documents were exhibited as Ex.P-1 to Ex.P-5, which have a direct bearing on the case. Finally the arguments were heard ex-parte in the case.