GORAMAL HARI RAM LIMITED Vs. DURGASHRI AGENCIES

JUDGEMENT

(1.) THIS order will dispose off IA No. 4222/06 in CS (OS) no. 25/2006, under O 39, Rule 4 of the Code of Civil Procedure, 1908, for the vacation of the order of ex parte ad-interim injunction granted on 9th January 2006 in IA No. 261/2006.

(2.) THE facts relevant for the present purpose are as follows. That plaintiff company is a limited company registered under the Companies Act, 1956. It is successor to the partnership firm M/s. Gora Mal Hari Ram. The Plaintiff is also the subsequent proprietor of the registered trademark "555", registered by no. 11989 in Class 3, in respect of soaps and detergents for laundry use. It is averred that the said trademark has been continually renewed from time to time and is currently valid and subsisting in the Trademarks Register. It is also averred that the soaps and detergents marketed under the trademark "555" has a unique get-up and layout in the wrapper/packaging. The plaintiff avers that the said get-up and layout of the wrapper/ packaging is an original artistic work within the meaning of Sec. 2 (c) of the Copyright Act, 1957 bearing No. A-30940/1980.

(3.) IT is averred that the plaintiff has been the actual and uninterrupted user of the trademark since 1924. By relying on the turnover, the plaintiff submits that the trademark is a very popular one and enjoys an enviable goodwill and reputation in the market. It is also averred that plaintiff has incurred significant expenditure for advertisement and promotion of the said trademark in newspapers, television, hoardings, slides, radio etc. It is alleged that the trade Mark "555'' has acquired distinctiveness and has become identifiable exclusively with the plaintiff"s products. Further, that said trademark is well-known and is considered so by the purchasing public and is a household name when it comes to detergent/soap for washing purposes.