AMIT JAIN Vs. AYURVEDA HERBAL AND ORS.

JUDGEMENT

(1.) Mr. Amit Jain sole proprietor of M/s Vinayak Industries has filed the present suit for permanent injunction restraining infringement of designs, passing off, delivery up, rendition of accounts etc. against the defendants.

(2.) The plaintiff is engaged in the business activity of manufacturing and marketing of cosmetic products i.e. creams, hair oil and shampoos and other allied and cognate goods.

(3.) One Mr. Naveen Kumar Jain, sole proprietor of M/s Parag Plastic, B-976, Shastri Nagar, Delhi-110052 was the registered holder of various design registrations under no. 209976 dated 4th May, 2007, 213103 dated 29th October, 2007, 213110 dated 29th October, 2007, 213113 dated 29th October, 2007 and 213115 dated 29th October, 2007 all in class 09-01. The plaintiff has allegedly used the said registered designs after the deed of assignment dated 17th January, 2014 in his favour. By virtue of said deed all rights are assigned to the plaintiff along with goodwill and all benefits.