REGENT COMPUTRONICS PVT. LTD.

Izuk Chemical Works Appellant

V/S

Babu Ram Dharam Prakash Respondents

Referred Judgements :-

TAVENER RUT LEDGE LTD. V. SPECTERS LTD [REFERRED TO]
NOVARTIS AG V. WANBURY LTD [REFERRED TO]
MODI SUGAR MILLS LIMITED V. TATA OIL MILLS LTD [REFERRED TO]
WILLIAM GRANT AND SONS LTD. V. MC. DOWELL AND CO. LTD. [REFERRED TO]
STATE OF MIZORAM V. BIAKCHHAWNA [REFERRED TO]
PURSHOTTAM DASS V. HARNARAYAN [REFERRED TO]
CORN PRODUCTS REFINING CO VS. SHANGRILA FOOD PRODUCTS LIMITED [REFERRED TO]
AMRITDHARA PHARMACY VS. SATYA DEO GUPTA [REFERRED TO]
K R CHINNA KRISHNA CHETTIAR VS. AMBAL AND CO MADRAS [REFERRED TO]
PARLE PRODUCTS PRIVATE LIMITED VS. J P AND CO MYSORE [REFERRED TO]
MADDADA CHAYANNA VS. KARNAM NARAYANA [REFERRED TO]
PUNJAB STATE ELECTRICITY BOARD VS. ASHWANI KUMAR [REFERRED TO]
UNIPLY INDUSTRIES LIMITED VS. UNICORN PLYWOOD PRIVATE LIMITED [REFERRED TO]
HARDIE TRADING LIMITED VS. ADDISONS PAINTS AND CHEMICALS LIMITED [REFERRED TO]
MIDAS HYGIENE INDUSTRIES PRIVATE LIMITED VS. SUDHIR BHATIA [REFERRED TO]
METRO PLAYING CARD CO VS. WAZIR CHAND KAPOOR [REFERRED TO]
ATLAS CYCLE INDUSTRIES LIMITED VS. HIND CYCLE LIMITED [REFERRED TO]
GLAXO OP U K LIMITED VS. SAMRAT PHARMA [REFERRED TO]
VRAJLAL MANILAL AND COMPANY VS. N S BIDI CO [REFERRED TO]
SHAW WALLACE AND COMPANY LIMITED VS. SUPERIOR INDUSTRIES LIMITED [REFERRED TO]
SARJIWAN SINGH VS. DELHI VIDYUT BOARD [REFERRED TO]
LONDON RUBBER CO LTD VS. DUREX PRODUCTS INCORPORATED [REFERRED TO]
GOPAL HOSSIERY VS. DY REGISTRAR OF TRADE MARKS [REFERRED TO]
JAMES CHADWICK AND BROS LTD VS. NATIONAL SEWING THREAD CO LTD [REFERRED TO]
DEVI PESTICIDES PRIVATE LTD VS. SHIV AGRO CHEMICALS INDUSTRIES [REFERRED TO]
THOMAS BEAR AND SONS (INDIA) VS. PRAYAG NARAIN [REFERRED TO]

JUDGEMENT

(1.) BY this judgment, I propose to decide I.A. No. 2516/2006 filed by the plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure in the suit filed by it against the defendant seeking the relief of permanent injunction to restrain the defendant from infringement of its registered trademark and copyright and also from passing off its goods as those having an association with the goods of the plaintiff and delivery up of offending material as well as rendition of accounts.

(2.) THE suit is premised on the averments that the plaintiff is engaged in the business of manufacturing and trading bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparation as well as soap, perfumary, essential oil, cosmetics, hair dyes and dentifrices since the year 1917. The plaintiff is since conducting its business under the trademark 'MOONSTAR' and has adopted a device of a star in the lap of the moon. The plaintiff has been using the trademark by itself and also in an artistic label.

(3.) THE plaintiff has placed before this Court documents showing that it had engaged the services of M/s. Chauhan Graphics, South Market, Kidwai Nagar East, New Delhi-110023 to create and author the art work in the label. The bills of payment which were made to this concern as well as its processing by M/s. International Print-O-Pac Limited, B-204, Okhla Industrial Area, Phase-I, New Delhi have been placed before this Court. It is thus claimed that the label and trademark constitute an original artistic work within the meaning of the same under the Copyright Act and the plaintiff is the only owner and proprietor thereof. The application for registration of such art work and copyright is pending.

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IZUK CHEMICAL WORKS Vs. BABU RAM DHARAM PRAKASH

Referred Judgements :-

JUDGEMENT

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