COLGATE PALMOLIVE AND ORS. Vs. CAPITAL OVERSEAS LTD.

JUDGEMENT

(1.) CS(OS) 675/2008.

(2.) THE plaintiffs, by way of this suit, seek a decree of permanent injunction against the defendant from using, manufacturing, selling, distributing, advertising, importing, exporting or in any manner dealing in dental and oral care products under the trademark NAVIGATOR or any other mark deceptively similar to the plaintiffs' registered trademark and further in any design that is identical or a colorable imitation of the plaintiffs' registered design for COLGATE 360 degree toothbrush or any deceptively similar design and from doing any other thing leading to passing off an order of delivery -up is also sought.

(3.) THE first plaintiff is the registered proprietor of the trade mark NAVIGATOR in class 21 in respect of toothbrushes under No. 814553, dated 13.08.1998. The said registration has been duly renewed and is subsisting in full legal force. The plaintiffs' COLGATE 360 degree toothbrush is claimed to have a unique and novel shape, configuration and surface pattern; in India it is the subject matter of design registration under No. 194742 dated 10.09.2003, the registration is valid uptil 10.09.2008. The said design is registered in the United States of America as well. The plaintiff also claims registered patents for the mechanical aspects of the COLGATE 360 degree toothbrush in the USA and similar applications in India are pending. The unique features of the COLGATE 360 degree toothbrush as stated in the plaint are that it has a unique tongue and cheek cleaner located on the head that helps remove more bacteria than brushing teeth with an ordinary manual toothbrush. The said toothbrush also has specially tapered bristles, a cleaning tip and dentist like polishing cup that helps remove plaque and stains. It is these unique features and scientific design of the said products, which makes it a market leader. The plaintiff relies upon a study conducted by the Compendium of Continuing Education in Dentistry, published in the 10th issue (supplement 2) according to which, in comparison to ordinary toothbrushes COLGATE 360 degree toothbrush reduced plaque by as much as 40% and oral malodor over three times better than the leading manual and battery operated toothbrushes, thus providing upto 10 hours of lasting fresher breadth.