CAMLIN PRIVATE LIMITED Vs. NATIONAL PENCIL INDUSTRIES

JUDGEMENT

(1.) What arises-for consideration in this case is the nature and extent of rights of the plaintiff in printed pencil boxes/cartons in which the pencils are being sold by the plaintiff.

(2.) In this suit as well as in this application it is contended that the plaintiff is the registered owner of trademark bearing registration No. 324515-B dated 13th April, 1977. It is asserted that the said trade mark is valid, subsisting full legal force. Thattrade'rnark is in reject of fountain pens, pencils, ball pens and refills therefor, 'the registered trade mark in terms of the certificate, of registration in two words CAMLIN FLORA.

(3.) It is also asserted in the application, as also in the suit that the plaintiff is the owner of copyright in the floral design that appear on its printed cartons/boxes and that the design. thereon, in "original artistic work". It is also asserted that the respondents are passing off their goods as goods, of the plaintiff.