MARS INCORPORATED Vs. VERGHESE

JUDGEMENT

(1.) Mars Incorporation is a company having its registered office at 6885 Elm Street, McLean, Virginia 221-01-3883, U.S.A. Its case is that it is an internationally renowned manufacturer, inter aha, of confectionery and chocolates under a host of brands, such as, Mars, Galaxy, Snickers, Celebration~, Milky Way, Twix, M&M's etc. The present suit which it has filed relates to the sale of packaged assortment of minature versions of the existing chocolate products under the trade name "CELEBRATIONS". Its grievance is that the defendants have been manufacturing and selling confectionery items under the same trade name "CELEBRATIONS".

(2.) It is averred that the plaintiff has conceived the trade mark "CELEBRATIONS" in the year 1988 for use in relation to a unique packaged assortment of their products. The defendants in order to take advantage of its goodwill and reputation are usurping its trade name by passing off its goods as that of the plaintiff. The plaintiff thus has sought a permanent injunction against the defendants restraining them from manufacturing, selling and offering for sale or advertising confectionery and chocolates under the mark "CELEBRATIONS" or in any other manner pa'ssing off their goods and/or business as those of the plaintiff.

(3.) While defendant No. 1 was given up during the proceedings, defendants N02 and 3 entered into a settlement with the plaintiff and consequently they were restrained from manufacturing, selling and offering for sale or advertising confectionery and chocolates under the trade mark "CELEBRATIONS" or any other mark that is deceptively similar to the plaintiffs trade mark "CELEBRATIONS". Thus we are left with defendant No.4 only. Coming to the said defendant though it did put in appearance but later on absented itself from the proceedings and as such was proceeded against ex parte. It is against this defendant that relief of injunction has now been sought. So far as the claim for damages and rendition of accounts against the said defendant is concerned it was given up during the course of arguments.