LA CHEMISE LACOSTE Vs. R H GARMENTS

JUDGEMENT

(1.) This judgment shall dispose of plaintiffs? suit for permanent injunction, passing off, infringement of copyright, rendition of accounts and damages in respect of their trade mark Lacoste and/or crocodile device and/or Chemise Lacoste.

(2.) Plaintiffs contended that plaintiff no.1 is a company organized under the laws of France and Mr S.S.Negi is a constituted attorney duly authorized to sign, verify and institute the plaint on behalf of plaintiff no.1. Plaintiff no.2 is a company incorporated under the laws of India and Mr S.S.Negi is also the constituted attorney of plaintiff no.2 and authorized to sign, verify and institute the plaint on behalf of plaintiff no.2.

(3.) The pleas of the plaintiffs are that they are internationally renowned manufacturer and dealer of clothing articles including T-shirts and are proprietors in India of copyright in artistic work consisting of a device of a crocodile which was prepared by Mr. Robert George and was first published in France in the year 1927. The copyright in the said device is currently valid and subsisting in India and in other parts of the world and plaintiff no.1 is the owner of all rights in the same. The plaintiffs are proprietor in India and have registration in `Lacoste and crocodile device? and ?crocodile device? and both the registration are valid and subsisting. The devices of the plaintiffs are used extensively in India. The plaintiff no.2 is a licensee of plaintiff no.1. The products of the plaintiffs are manufactured to the highest and most stringent quality standards which are more astringent and strict than most of the electronic products. The colour fastness of the products of the plaintiffs is tested to washing at 90?C and it is also checked against Chlorine and light and to wet and dry rubbing and even to acid and alkaline perspiration.