VRS FOODS LTD Vs. PREM CHAND

JUDGEMENT

(1.) Present suit has been filed by the Plaintiff seeking permanent injunction and damages in respect of the trademark 'PARAS'. The case of the Plaintiff is that the Plaintiff is the registered proprietor of the trademark 'PARAS'. It adopted the said mark in 1987 in respect of milk and milk products. The details of adoption have been pleaded in the paragraphs 5 & 6 of the plaint. The trademark 'PARAS' as a word mark and the label are registered under the provisions of the Trademarks Act, 1999 and the Copyright Act, 1956. Mr. Bansal, learned counsel for Plaintiff submits that the Defendant adopted the mark 'PARAS' AND 'PARAS GOLD' for manufacturing, marketing and trade of fats, milk and dairy products, vanaspathi and edible oil etc.

(2.) When the Plaintiff acquired knowledge of the same, the present suit was filed and a perusal of the trademark application of the Defendant reveals that he filed the application on 19th May, 2010 claiming user since 22nd August, 2000. He submits that the Local Commissioner, who had visited the premises of the Defendant in Kota, Rajasthan, had recorded that the Defendant had stopped using the mark 'PARAS' for over six months. Subsequently, according to the learned counsel for Plaintiff, the Defendant has also abandoned trademark application bearing no.1968306 pursuant to the opposition proceedings filed by the Plaintiff. Under these circumstances, learned counsel for the Plaintiff prays for permanent injunction and damages.

(3.) This Court on 30th September, 2014, when the matter was listed for the first time, granted an ex-parte injunction in the following terms.