SOCIETE DES PRODUITS NESTLE S A & ANR Vs. KAIRA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LTD & ANR

JUDGEMENT

(1.) IA No. 10759/2012 (under Order 39 Rules 1 and Civil Procedure Code)

(2.) This Suit is a Suit for infringement seeking a restraint on the Defendants from infringing the allegedly registered trademark of the Plaintiffs' "A+ logo".

(3.) It is contended that Plaintiff is a company belonging to what is known as "Nestle Group". It is contended by the Plaintiff that it undertook an internal branding study of its liquid milk and dahi products in the year 2010 and working on the inputs, Plaintiff No. 2 decided to test several options with the consumers. It is contended that the consumers preferred "a+" as sub brand for Nestle Milk and Dahi and accordingly the Plaintiff No. 2 launched "Nestle a+" Milk and Dahi which comprises of use of the house mark Nestle and sub brand a+.