HINDUSTAN LEVER LIMITED Vs. CHAINSUKH CHOTHMAL

JUDGEMENT

(1.) The plaintiff is a company incorporated and registered under the Companies Act, 1956 and is stated to be a leader in the fast moving consumer goods with special emphasis on home and personal care products as also foods and beverages. The plaintiff is stated to have established in India in 1933 and is a subsidiary of Unilever Private Limited Company.

(2.) The present suit is concerned with the plaintiff's trademark ANNAPURNA (hereinafter referred to as the 'said trademark') used by the plaintiff for marketing large range of packaged edible goods. The plaintiff is stated to have applied for registration of the said trademark and various labels, devices and combination marks comprising of the said trademark as the essential feature in various classes being Class 29, 30 and 32.

(3.) The plaintiff claims to have first adopted and used the said trademark to the exclusion of all others. Not only that the plaintiff claims that the product is packaged in special packages which were designed and modified for the plaintiff from time to time by artists employed by the plaintiff through advertising agency. An example of this is the sale of iodized salt with the word Kissan written in artistic blue font and underlined with a red wavy pattern followed by the word 'Annapurna' written in red. The bottom half of the package comprised the device of a muscular man in a blue and purple outfit with the words 'IODINE' and 'K15' written across his chest and his right index finger pointing to his head. This packaging is stated to have been modified twice and the plaintiff is stated to possess the copyright in the artistic work.