HINDUSTAN PENCIL LTD Vs. A K CHAWLA

JUDGEMENT

(1.) The plaintiff filed a suit for permanent injunction, infringement of copyright and trademark, passing off, delivery up and rendition of accounts, etc. against the defendants.

(2.) The plaintiff states that it is the proprietor of various well known trademarks such NATRAJ, APSARA, SPEED BIRD, etc. The plaintiff has registered the mark SPEED BIRD and the carton of the plaintiff has been annexed as Annexure 'A' to the plaint. The carton is stated to have distinctive features including the colour scheme, get-up, arrangement and lay out and is thus an original artistic work. The carton is in yellow and blue colour with the matter written in white and black ink. The background of the carton is yellow with thin white strips and on the front side of the carton, a picture of a bird is depicted in black colour. On the back side of the carton is the trade mark SPEED BIRD written The side panels of the carton are in blue colour with words 'smooth and speedy'. On the left hand side of the panel of the carton, the pricing is mentioned as also the name and address of the manufacturer along with the logo of a 'writing baby'.

(3.) The plaintiff claims that it has a large turn over and that the purchasing public identifies the product of the plaintiff both with the trademark and the packaging annexure 'A'.