FERRERO SPA Vs. V M SIDDIQ

JUDGEMENT

(1.) I .A. 579/ 2014 in C.S. (O.S.) 2627/2013

(2.) IT is pertinent to mention that the present suit has been filed, inter -alia, seeking permanent injunction restraining the defendants from manufacturing and selling confectionery products under the trademark "Tit Bits" on the ground that such use would amount to infringement of plaintiffs' registered trademark, trade dress and passing off.

(3.) THE relevant facts of the present case are that the plaintiffs are a part of the Ferraro Group. It is the plaintiffs' case that they first adopted and used the Mark "Tic Tac" in 1969 for fresh breath mints and introduced the same in India in 1999. The plaintiffs claim that the mark was well known as its enormous trans -border reputation preceded its introduction in India.