DHARAMPAL PREMCHAND LTD Vs. SHANKAR TRADERS & ORS

JUDGEMENT

(1.) The Plaintiff has filed the present suit seeking injunction restraining infringement of trademark, copyright and damages. The Plaintiff is the owner of the trademark "BABA" which was introduced in 1955 for flavoured chewing tobacco, zarda and pan. The trademark of the Plaintiff is registered in several classes as stated in paragraph 8 of the plaint. According to the Plaintiff, the trademark "BABA" has become a well-known mark in India owning to the sales of the products being more than Rs. 520 crores in the year 2013-14. The trademark "BABA" along with the label is also registered in several foreign countries.

(2.) The Plaintiff claims to have acquired knowledge of the Defendants' use of the mark "SHIV BABA" for "pan samagri". The label and pouch used by the Defendants is placed on record which shows that the word "Shiv" is written in very small font along with the word "BABA" in a much bigger font. Accordingly, the Plaintiff filed the present suit seeking an injunction restraining infringement, passing off, as also rendition of accounts of profits.

(3.) The suit was first listed on 17th December, 2014 when this Court passed an ad interim injunction in the following terms: -