COLGATE PALMOLIVE COMPANY Vs. RATHOD

JUDGEMENT

(1.) 1. This order shall dispose of an application under Order VI Rule 17 CPC filed by the plaintiffs seeking amendment of the plaint in a suit for permanent injunction, infringement of registered trade name, passing off, damages, rendition of accounts filed against the defendants.

(2.) The facts of the case relevant for the decision of this application are as follows:-

(3.) The plaintiffs are manufacturing and marketing dental products including toothbrushes, tooth paste and tooth powder in India under the well known trade mark 'COLGATE'. One of the products of the plaintiffs is a tooth brush marketed under the trade name 'COLGATE EXTRA CLEAN'. The shape and design of the said toothbrush is the subject-matter of design Registration No. 185480 dated 9.5.2001. It is stated that the said design registration is currently valid for a period of five years upto 9.5.2006. The plaintiffs have alleged infringement of their design registered vide No. 185480 by the defendants for which the cease and desist notice was sent to them. In respect of design Registration No. 185480 dated 9.5.2001, the plaintiffs have filed the present suit seeking various reliefs as mentioned above. The plaintiffs have also prayed for grant of interim injunction during the pendency of the suit.