PROCTER AND GAMBLE COMPANY Vs. SATISH PATEL

JUDGEMENT

(1.) The first plaintiff, the Procter & Gamble Company and the second plaintiff Procter & Gamble Godrej Limited have filed the suit for injunction on the ground that the defendants are passing off the trade mark of the plaintiffs' ' SAFEGUARD'. According to the first plaintiff the second plaintiff is licensed by the plaintiff to use the trade mark under the License Agreement dated 24th February, 1993,to market, sell and distribute the first plaintiff's products in India. About the reputation and goodwill of the first plaintiff in para 5 of the plaint the case is put forth like this :

(2.) About the trade mark SAFEGUARD in para 6 the plaintiff alleges that : "SAFEGUARD for toilet soaps is one of the oldest trademarks of the plaintiff, in use since the year 1963, and registered in the USA as of 19th May, 1964. The trademark SAFEGUARD is additionally registered in over 90 other countries of the world. A detailed list of the plaintiffs said registrations in foreign countries with registration paticulars is filed herein. The plaintiffs applications for registration of the said mark in India are currently pending."

(3.) It is asserted by the plaintiffs that the plaintiffs' products bearing trademark since 1970 are advertised in leading magazine like TIMES, NEWSWEEK, READER'S DIGEST. The first plaintiff has been supplying the soap under the trademark SAFEGUARD to embassies and other diplomatic missions in India. The plaintiffs give a statement of advertisement expenses in the following terms : <FRM>JUDGEMENT_646_DLT64_1996Html1.htm</FRM> (equivalent to Rs. 76.1 crores) (equivalent to Rs-57.70 crores) In the same para the (Global) first plaintiff has given the statement of Sales turnover as under: <FRM>JUDGEMENT_646_DLT64_1996Html2.htm</FRM> (equivalent to Rs-401.8 crores) (equivalent to Rs-502.6 crores)