SARABHAI INTERNATIONAL LIMITED Vs. SARA EXPORT INTERNATIONAL

JUDGEMENT

(1.) The present suit for perpetual injunction, infringement of trade mark, passing off and rendition of accounts has been filed by two plaintiffs, namely, Sarabhai International Limited and Ambalal Sarabhai Enterprises Limited.

(2.) In the plaint, it has been alleged that plaintiff No. 1 is a leading Indian Export House recognised by the Government of India and it is engaged in the export of drugs, pharmaceuticals and allied items, chemicals, dyestuffs & pigments, synthetic detergents, soaps, cosmetics, toiletories, laboratory chemicals, computer hardware and software, machinery and equipments, textitles, and are engaged in other services including designing, packaging & printing. Plaintiff No. 1 has exported to various countries during the last 8 years the aforesaid goods to the tune of about 46.20 crores of which 7.24 crores (approximately) accounts for Drugs and Pharmaceuticals alone. The name Sarabhai International Limited is well known for the last many years in the field of export of the aforesaid goods, and by virtue of huge exports it has acquired considerable goodwill amongst manufacturers and dealers as well both in India and abroad.

(3.) Plaintiff No. 2 is the owner of the trade style/trade name SARABHAI CHEMICALS and goodwill pertaining thereto in respect of medicinal, pharmaceutical and veterinary preparations by virtue of assignment deed dt.00 25th April,, 1978. The trading style SARABHAI CHEMICALS has been used by plaintiff 2 and their predecessors in business and title for the last more than 30 years with respect to the aforesaid goods. The goods manufactured by plaintiff 2 are exported by and through plaintiff 1, as an associate company. It is further alleged that plaintiff 2 is the proprietor of the following trade marks registered under the Trade and Merchandise Marks Act, 1958 (hereinafter called the Act):