BAYER AKTIENGESELLSCHAFT Vs. AJAY JAIN

JUDGEMENT

(1.) The plaintiff is a company incorporated under the Laws of the Federal Republic of Germany. Plaintiff No. 2 is the sister company of plaintiff No. 1 incorporated in India. Defendant No. 1 is the proprietor of defendant No. 2-firm. The plaintiffs manufacture plastic rubber: including rubber chemicals, organic and inorganic chemicals dyes and pigments and ceramics, polyurethanes, coating raw materials, pharmaceuticals, fibres, crop protection consumer products, animals health products, photographic products. They also deal in graphic systems, technical imaging systems and agrochemicals comprising crop protection and diagnostics. The plaintiff No.1 is the proprietor of trademark 'BAYER'. Besides, it is also proprietor of trade mark 'VULKANOX'. The following are the details of trade mark registered in favour of the plaintiff : i) Trade Mark BAYER registered under No. 197105 in class one in respect of chemical products, used in industry, photography, agriculture, horticulture, forestry (other than insecticides, fungicides and preparations for killing weeds); tempering substances for preserving foodstuffs; tanning substances, adhesive substances used in industry. ii) Trade Mark BAYER registered under No. 197107 in class 7 in respect of plastics in the form of pellets, foam, foils, sheets, blocks, rods, tubes and casting resins, for use in manufactures; synthetics rubber (including latex); materials for packing, stopping and insulating; hose pipes (non-metalic). iii) Trade Mark BAYER write in cruciform inside a circle registered under No. 147346 as of 7.2.51 in class 5 in respect of pharmaceutical veterinary and sanitary substances, 'infants' and 'invalids' foods; medicinal and surgical plasters, materials for bandaging, material for stopping teeth, dental wax, disinfectents; preparations for killing weeds and destroying vermin. iv) Trade Mark VULKANOX registered under No.296878 as of 14.6.74 in class 1 in respect of Antioxidants being chemical products for use in the rubber industries."

(2.) The plaintiffs also claim that the word 'BAYER' forms part of their corporate name and the same is registered under the Trade and Merchandise Marks Act, 1958 for various goods. The plaintiffs also claim that the trade mark VULKANOX/VULKANOX HS is being used in respect of the goods mentioned in Annexure-1 to the plaint.

(3.) It is the case of the plaintiffs that due to extensive use and advertisement of the trade marks 'BAYER' and 'VULKANOX/VULKANOX HS' by them, they have come to be identified and associated with their goods. The plaintiffs have also claimed that they are packing the goods in distinctive packages. It is the allegation of the plaintiffs that the defendants are selling their goods under the trade mark 'VULKANOX HS' and trade mark 'BAYER' in paper bags having the same design, get up as that of the plaintiffs'.