HI TECH FOODS Vs. KHANNA ENTERPRISES

JUDGEMENT

(1.) The plaintiff company Hi-Tech Foods (A division of Dharampal Satyapal - Noida) is a partnership firm. The plaintiff since 1987 has been engaged in manufacturing and sale of table salt and household spices under the trade mark CATCH. The trade mark CATCH on account of prior adoption, long and continuous user, extensive marketing, net work and advertisement campaigns, voluminous sales and excellent quality control, has acquired an envious reputation and goodwill among the purchasing public and trade and has become distinctive of the goods and business of the plaintiffs exclusively.

(2.) It is also mentioned in the plaint that on account of the outstanding reputation of the trade mark CATCH, the purchasing public and the trade associate goods bearing the said trade mark with the plaintiff. It is submitted that the use of the said trade mark in relation to any goods by any other person would create immense confusion and deception in the trade amounting to infringement of registered trade mark. It would also amount to passing off. The plaintiff is the owner of the copyright contained in respect of the container titled CATCH and holds an exclusive right for its reproduction. It is mentioned in the plaint that the table salt container is a cylindrical container, white in colour with a blue perforated smaller lid. The body of the container has three portions. The front portion has on its left hand top corner the words IODIZED written in black letters on a yellow background in a single wave-like pattern. In the top half of the front portion, the word CATCH is written in italics in red dotted lettering from left to right in an ascending fashion. There is also a red oblique wave-like line underlining the word CATCH. Below this, in the middle of the front portion are the words FREE FLOWING and TABLE SALT written in two different lines in black and red lettering respectively. In the lower portion are the figures of different vegetables in their respective colours.

(3.) It is mentioned in the plaint that this white crystalline iodised salt is processed from the normal salt and is vacuum dried. It does not absorb moisture. It remains free flowing even in rainy season.