METROPOL INDIA PRIVATE LIMITED Vs. PRAVEEN INDUSTRIES INDIA

JUDGEMENT

(1.) The plaintiff has filed this suit complaining the violation of its trade mark "CLEANZO" by the defendant and also complaining the infringement of its copyright and passing off its goods by the defendant as those of the plaintiff.

(2.) The case of the plaintiff in short is that the plaintiff is a leading manufacturer of the cleansing agents, detergents, etc., and is the proprietor of the trade mark "CLEANZO" which has been registered in Class 3 under No. 335807 by the Registrar of Trade Marks under the Trade & Merchandise Marks Act, 1958 and this trade markhas now been renewed up to 20th April, 1999. It is stated that the plaintiff and its predecessor in interest were using the trade mark "CLEANZO" since 1947. The plaintiff has also claimed to be the owner of copyright bearing registration No. A-11008 / 74 under the Copyright Act in respect of the a rt work depicted on the label titled "CLEANZO". The said label has orange yellow colour, has the words CLEANZO written in a growing then declining oblong elongated style with the words "Registered Trade Mark" appearing below in a semi-circular shape in bold capital letters preceded by a device of a star. Below this is a pictorial device contained in a pentagon, which has further been divided into a hexagon containing four pictures. Depicting clockwise a man cleaning a toilet, a set of three urinals, a bathroom showing a bath-tub and wash-basin and a lady washing utensils in a kitchen respectively. Below this hexagon in white appear the words "Metropol India Private Ltd.," in a red base followed by the logo of the plaintiff comprising an OVAL containing two quarter circular lines in parallel in red colour, containing within them the words "METROPOL" written in red on a white base. Then, to the right appear the following words in a vertical symmetry :-

(3.) The copyright was registered on 15th April, 1974 in the name of Metropol Corporation (India) and all rights held by partners of the said Metropol Corporation (India) in the said copyright were assigned in the name of the plaintiff on 10th July, 1991, as is evident from the certificate of Registrar of Copyrights. It is alleged that on account of the superiority of the products, long, extensive and continuous user, the plaintiff's products have become very popular with the trade and members of the public who associate the said cleanser with the plaintiffcompany alone and none else. The purchasers and the intending purchasers include hospitals. Government Offices, housewives literate and illiterate people unable to read or write English or Hindi who also recognise the plaintiff's products by their labels and distinctive colours.