HINDUSTAN PENCILS LTD Vs. ASHIRWAD ENTERPRISES

JUDGEMENT

(1.) The plaintiff has filed the suit for permanent injunction, infringement of copyright, passing off, delivery up, rendition of accounts and damages.

(2.) It is stated in the plaint that the plaintiff has engaged in the business of manufacture of pencils and other items of stationery since 1957. The plaintiff in the year 1961 adopted the trademark NATARAJ with the device NATARAJ and is also the registered proprietor of the copyright in respect of the carton of NATARAJ.

(3.) The plaintiff claims to have vast sales throughout the country and the distinctive colour scheme and get-up of the cartons of the plaintiff is widely accepted as identification of the goods of the plaintiff.