ST IVES LABORATORIES INC Vs. IVEES SOAPE WORKS

JUDGEMENT

(1.) The plaintiff-company is aggrieved by the violation of its trademark 'St.Ives' by the defendants, who are making soaps and other cosmetic products under the trademark 'IVEES'.

(2.) The plaintiff's trademark 'St.Ives' is registered in India under the Trademarks Act, 1999, which is stated to be subsisting. The Plaintiff's products are sold worldwide and the trademark has trans-border reputation. Plaintiff has set out in Para 17 of the plaint sales under the trademark running into millions of dollars. The defendants were served but failed to enter appearance.

(3.) Plaintiff has filed affidavit of evidence of Mr. Gary P.Schmidt, Secretary of the plaintiff-company affirming to the averments made in the plaint. The representations of the plaintiff's trademark have been collectively proved as Mark-P-1 and the coloured copies of the defendants' impugned trademark have been collectively proved as Mark P-D-3. Plaintiff's registration certificate in USA has been collectively proved as Mark-P-4.