VRAJLAL MANILAL AND COMPANY Vs. ADARSH BIDI COMPANY

JUDGEMENT

(1.) The plaintiffs who are registered owners of the trade mark '22' for manufacturing and- marketing bidis have filed this suit complaining of infringement and passing off of their trade mark '22', also complaining of infringement of their copyright in respect of their label.

(2.) According to the plaintiffs they have been carrying on manufacturing and marketing of bidis for more than 5 decades. Their trade mark is "22". The trade mark labels comprising of numerals '22' have been duly registered and renewed from time to time. They have been valid on the date of the suit. The label consisting of "22" is an artistic work duly registered under the.Copyrights Act. The plaintiffs are having substantial sales and have incurred huge amounts in publicity of their trade mark and label. The plaintiffs have branch officers in Delhi, Agra and Lucknow and Head Office in Sagar. The plaintiffs are one of the oldest and leading manufacturers of Bidis of superior quality. Shortly before the institution of the suit, the plaintiffs have noticed the defendants manufacturing and selling their bidis under the Trade Mark 122, also having slavishly copied the plaintiffs label.

(3.) The plaintiffs have also sought for an ad-interim injunction. Vide orderdatedl7.12.1991. This court has granted an ex-parte ad-interim in- junction restraining the defendants from selling bidis under the trade mark "122."