HINDUSTAN PENCILS LTD Vs. APARNA ENAMEL INDUSTRIES

JUDGEMENT

(1.) 1. The plaintiff has filed the suit for permanent injunction, infringement of trademark, copyright, passing off, rendition of accounts against the defendants in respect of its trademark NATARAJ and APSARA and the device of NATARAJ and APSARA.

(2.) The plaintiff claims to be a well established manufacturer of pencils and other items of stationery, carrying on business since 1957. The plaintiff is a registered proprietor of various trademarks NATARAJ and devices of NATARAJ, the details of which have been set out in Para 3 of the plaint. The said registration is in respect of pencils, sharpeners, pens, erasers, pins, clips, stationery and artistic material. The plaintiff is also the registered proprietor of the trademark APSARA in respect of stationery goods and other items as set out in Para 4 of the plaint.

(3.) The cartons of NATARAJ with the device of NATARAJ have also been registered under the Copyright Act, 1957.