HINDUSTAN PENCILS Vs. VIPIN TRADINAG COMPANY

JUDGEMENT

(1.) -The plaintiff-Hindustan Pencils Limited has filed the present suit for permanent injunction infringement of copyright, passing off, damages, rendition of accounts and delivering up of the infringing material.

(2.) The plaintiff is stated to be a public limited company incorporated under the Indian Companies Act with registered office at Mumbai and Mr. P.N. Thanawala is stated to be empowered to sign and verify the plaint and institute the present suit on behalf of the plaintiff.

(3.) The plaintiff claims to be an established manufacturer of pencils and other stationery items. The plaintiff has adopted and has been using trademark NATARAJ' with a particular design and device of NATARAJ' in a particular designed label having red background and the word NATARAJ written in a particular characteristic style. Being the owners of the registered trademark they claim the following registrations in the their favour: