MAHENDRA TRADERS Vs. DINESH AND JITEN CREATIONS

JUDGEMENT

(1.) By this suit the plaintiff claims perpetual injunction restraining the defendant from manufacturing selling or otherwise dealing in hosiery goods or readymade garments under the trade mark 'My Child' or any other trade mark identical and/or deceptively similar to plaintiff's trade mark MY CHILD, and also for perpetual injunction restraining the defendant from infringing the plaintiff's copyright by printing, publishing, reproducing or otherwise dealing in artistic label entitled MY CHILD.

(2.) The plaint proceeds on the allegations that the plaintiff is a partnership firm duly registered under the provisions of Indian Partnership Act. Mr, Rajiv Makkar is one of the partners and is competent to file the suit on behalf of the plaintiff firm. Since the year 1977, the plaintiff firm has been carrying on business of manufacturing and marketing hosiery goods, ready made garments, boots, sleepers, nappies and pampers etc. Since 1977 the plaintiff has been using the trade mark MY CHILD for their hosiery goods and readymade garments and other goods. The plaintiff claims to be the first adopter, user, true owner, lawful and rightful proprietor of the said trade mark MY CHILD in respect of the said goods manufactured and marketed by it and has exclusive rights to use the same. It is furher averred that the plaintiff has been using colourful, distinctive and eye catching labels/stickers for the marketing of their said products since the year 1977. The colour scheme, get-up, lay-out, writing style and arrangement of the said label of the plaintiff entitled MY CHILD is unique and artistic and the same constitutes an original artistic work in which the plaintiff has legal and vested copyrights under the provisions of the copyrights Act 1957. The plaintiff is the true owner of the copyright in the said label entitled MY CHILD and has exclusive rights to use publication thereof.

(3.) That the plaintiff has given wide publicity to its trade mark MY CHILD and artistic label entitled MY CHILD and the said products under the impugned trade mark and label connotes and denotes the goods and merchandise of the plaintiff's origin and none else. The plaintiff's sales of the aforesaid goods under the trade mark MY CHILD runs in several lakhs of rupees. On account of the superior quality of the said goods and due to continuous use of the trade mark and label entitled MY CHILD for the last more than 7 years the plaintiff's trade mark and label have acquired unique reputation and goodwill in public and trade and the goods under the Trade Mark MY CHILD and label entitled MY CHILD have come to b3 exclusively identified and associated with the plaintiff by the public and trade.