K B HIRALAL AND SONS Vs. KUMAR INDUSTRIES

JUDGEMENT

(1.) The plaintiff firm has filed this suit for the grant of permanent injunction restraining the defendants, his servants, agents and representatives from manufacturing, selling, offering for sale and printing or otherwise directly or indirectly dealing in geometrical boxes under the distinctive trade mark "JULIE" or such other similar mark which may be identical or deceptively similar to plaintiff's trade mark "JULIE" amounting to passing off. A prayer for damages, rendition of accounts and destruction of containers, labels, dies, blocks and all such media used by the defendants in relation to the manufacture and sale of geometrical boxes has also been made.

(2.) The plaintiff firm has alleged that it is carrying on business for the last several years in stationary, drawing and maathemetical instruments, geometrical boxes, colour boxes and foot rules. It is alleged that from the year 1972, this firm has been selling geometrical boxes under the distinctivetin containers entitled "JULIE" and that the get-up, colour scheme, arrangement of words, letters and printing under the trade mark "JULIE" are quite novel and originated by the plaintiff-firm only.

(3.) It is further added that the colour scheme, get-up and lay out and design of the plaintiff's geometrical boxes are unique and represented in a special and particular manner and these boxes acquired wide reputation under the trade mark "JULIE" since 1972.