VISAKHA CHEMICALS Vs. MALA RAM AND SONS

JUDGEMENT

(1.) The plaintiff has filed a suit for infringement of trademark, passing off, infringement of copyright, rendition of accounts and delivery up in respect of the trademark and packaging of its products 'ROCHAK' and 'AM PACHAN'. Both are churan and tablets for digestive purposes.

(2.) The plaintiff is a partnership firm which claims to be manufacturing churan and digestive tablets since the year 1982. The mark ROCHAK is stated to have been adopted in the year 1982 itself and artistic labels in the form of pouch bearing the trademark ROCHAK were used for sale of the products. The pouch is stated to have distinctive features such as colour combination of blue, white and red. The face of a person artistically designed in a manner that the face is mounted on the handle of the spoon and the spoon is crisscrossed by a knife. A two toned red plate is in the background of this crisscrossed spoon and knife with the word 'ROCHAK' written in red letters in the blue strip and in blue in the white portion on the pouch. The VISAKHA, the name of the plaintiff firm, is written in a hexagon.

(3.) The AM PACHAN is stated to have been adopted in the year 1985 with the colour combination of light green, red, white and yellow with AM PACHAN written in Hindi and English in an artistic manner. The first letter of the trademark starts from the middle of an artistically designed mango. The children are shown on the package in a special posture with AM PACHAN written in a box with yellow colour in the background and the name of the plaintiff VISAKHA written in a hexagon.