CHAURASIA TOBACCO CO Vs. BHAGWAN DASS

JUDGEMENT

(1.) THIS is an application under Order 39 Rules 1 and 2 praying that the defendants should be restrained from using tins like that of the plaintiff in which they are selling chewing tobacco using Tade Mark No. 91 along with the impugned colour scheme, get-up and the design.

(2.) THE case of the plaintiffsis that they are the registered owners of trade mark '91' in respect of chewing tobacco. THE said trade mark was registered in their favour on 18th August, 1978. It is also their case that they are registered proprietors of a trade mark label as of 13th May, 1977 where the number which is given is 121. According to the plaintiffs they had first obtained registration of the label under the Copyright Act on 14 February, 1972 where in the number shown on the tin was 91. THEreafter another registration was obtained, using the number 91, on 25th September 1978 being Copyright No. 21549. It is this registration under the Copyright Act which the plaintiff is relying in the present case. THE plaintiff is also basing its case on the trade mark No. 91 which was registered on 18th August, 1978. THE submission of the plaintiff is that after 14th February, 1972 the plaintiff has been using and selling tobacco using the number 91. This mark has been adopted by it which was subsequently got registered under the Trade Marks Act on 18th August, 1978. According to the plaintiff, its sales run into crores of rupees and it has a very large advertising budget also.