TODAY TEA LTD Vs. BINOD KUMAR GOEL

JUDGEMENT

(1.) THE suit for injunction and ancillary relief is instituted in relation to the trademark TODAY registered with respect to the goods in class 30 and the copyright in respect of the distinctive artistic work wherein TODAY is written in a distinguished manner. Vide ex parte order dated 2nd June, 2006 the defendant who had applied for registration of the identical trademark TODAY, also in relation to the goods falling in class 30, was restrained from using the word TODAY in any writing in respect of the products falling in class 30.

(2.) THE defendant failed to appear in spite of being served by publication in "statesman" Calcutta Edition and was vide order dated 18th September, 2007 proceeded against ex parte, the ex parte order was made absolute during the pendency of the suit and the plaintiff directed to lead ex parte evidence.

(3.) THE plaintiff has tendered evidence of its Manager Mr L. D. Tignatia. The plaintiff has proved as Exhibits PW1/2, PW1/3 and PW1/4 the registration with respect to the trademark TODAY with TODAY written in a distinctive manner with respect to the goods falling in class 30, class 23 and class 31 respectively and as exhibit PW1/6 the registration of copyright of the artistic work with respect to the carton wherein TEA under the trademark TODAY is sold by the plaintiff. The witness of the plaintiff has also proved the volume of sales affected by the plaintiff under the said trademark since the year 2000-2001 and the expenses incurred by the plaintiff in advertisement and promoting the trademark. The witness of the plaintiff has proved as Exhibit PW1/12 the publication in the trademark journal wherein the defendant had advertised its intent for registration of the same trademark TODAY in relation to spices and masalas of all kinds. The evidence of the witness of the plaintiff remains unrebutted.