ITC LIMITED Vs. SUNIL

JUDGEMENT

(1.) The the plaintiff has filed a suit for permanent injunction restraining infringement of trademark, copyright, passing off and unfair competition, rendition of accounts of profits, delivery up, etc. against the defendants.

(2.) The plaintiff is the registered proprietor of the trademarks JOHN PLAYERS in class 28 under TM no.1131260 as of 5 September 2002 by TM Certificate dated 14 April 2005 and JOHN PLAYER in class 3 under TM no. 1151456 as of 18 November 2002 by TM certificate dated 24 March 2005 under the Trademarks Act, 1999. It is stated that Section 28(1) of the Trade Marks Act, 1999 gives the registered proprietor of the trademark the exclusive right to use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark. The plaintiff claims to have the exclusive right to use its trademark and use by any other person of the said mark or any other mark deceptively similar thereto would amount to violation of the plaintiff's legal and statutory rights. It is thus stated that the defendants by virtue of having illegally used the said registered trademarks of the plaintiffs and/or by using any other mark deceptively similar thereto would be and are liable for infringement thereof apart from passing off.

(3.) The present suit concerns the plaintiffs statutory legal and common law proprietory rights over the trademark JOHN PLAYERS and the common law rights pertaining to artistic work (label) in relation to JOHN PLAYERS and violation thereof by the defendants.