KRBL LTD. Vs. LAL MAHAL LTD. AND ORS.

JUDGEMENT

(1.) I.A.No.2842/2014 (under Order XXXIX Rules 1 & 2 of the CPC) Present suit has been filed by the plaintiff (M/s KRBL Limited) against the defendants under the Trade Marks Act, 1999 and the Copy Right Act, 1957; relief of permanent injunction restraining infringement, passing off, rendition of accounts, delivery etc. has been prayed for.

(2.) The plaintiff is a company incorporated under the Indian Companies Act, 1956. It has a registered office at Lahori Gate, Delhi. It is engaged in the business of processing, marketing and exporting of rice including basmati rice. In January, 2013, it had bonafidely and honestly adopted and started using the trademark/label "INDIA GATE? with the device of "INDIA GATE? and the said trade name includes both the trademark label as also the device both individually, collectively and as a whole. The trademark/label bears original artistic features of placement, distinctive get up and make up and is protected under the Copy Right Act as well.

(3.) The plaintiff is carrying on its business in India as also overseas. The goods of the plaintiff are traded through extensive marketing and distribution channels. In 1993, the export division of M/s Khushi Ram Behari Lal (KRBL) adopted this trademark "INDIA GATE? with the device of "INDIA GATE? and has been exporting rice to foreign countries since 1993. It has also built up its reputation and a valuable goodwill over the years.