AGRO TECH FOODS LTD. Vs. SUDHA CHURIWAL

JUDGEMENT

(1.) THE plaintiff has filed the suit for permanent injunction restraining the defendant, their partners, directors or proprietor etc. from infringing the trademark of the plaintiff 'Sundrop' and for passing off, dilution, rendition of accounts, damages and delivery up etc.

(2.) THE plaintiff submits that it is a company duly incorporated in 1986 and is among the leading manufacturers, processors and sellers of edible oil under the well known trademark 'Sundrop', which was originally adopted by M/s ITC Limited in 1988. The plaintiff and its predecessors got the trademark 'Sundrop' registered and various devices of the same with regard to refined sunflower oil including Registration No. 482516 of Class 29 [TMJ # 1198(s)] and many others.

(3.) THE plaintiff further submits that due to long and continuous usage and extensive marketing, the trademark 'Sundrop' has garnered immense goodwill and has become a well -known trademark as per the definition in Section 11(6) of the Trade Marks Act, 1999.