SOUZA CRUZ Vs. N K JAIN

JUDGEMENT

(1.) The plaintiff is a Corporation organised and existing under the laws of Brazil also having its principal office thereat. It is manufacturing and dealing in cigarettes under the trade mark HOLLYWOOD. It is aggrieved by the action of the respondents manufacturing in India and exporting from India cigarettes under the trade mark HOLLYWOOD.

(2.) According to the plaintiff cigarettes and smoking articles under the trade mark/label HOLLYWOOD were launched in the Brazilian Market in 1931. Its trade extended beyond the territorial barriers. By 1986, the plaintiff's trade mark HOLLYWOOD was the fourth trade mark in sales in western countries. It was secured by registration in a number of countries. On the date of the suit it was registered in favour of the plaintiff company in 120 countries. In Russia, the HOLLYWOOD label was registered on January 27, 1995 valid till January 19, 2004, the registration No. being 123938. Figure of sales running into lakhs and crores have been set out by the plaintiff. Of these the relevant are those in Commonwealth Independent States (CIS). Sales in millions of cigarettes were as under : Year Millions of Cigarettes 1992 985.06 1993 1366.53 1994 1606.90 The marketing expenses in US million dollars were as under :- 1992 306.940 1993 414.035 1994 799.423

(3.) Defendant No. 2 is a manufacturer of cigarettes based at Hyderabad and Delhi. Defendant No. 1 is one of its principal officer.