MAHESH GUPTA Vs. TEJ SINGH YADAV

JUDGEMENT

(1.) The present suit has been filed by the plaintiffs, inter alia, seeking injunction against the defendants restraining them from infringing the registered patent no. 199716 of the plaintiff, copyright in the product brochure as well as for delivery of the infringing materials, rendition of account and damages.

(2.) The plaintiff No. 1 is the Managing Director of plaintiff No. 2 company. It is averred in the plaint that the plaintiff No. 1 introduced the revolutionary reverse osmosis (RO) based domestic water purifiers for the first time in India in 1999 and obtained registered Patent No. 199716. The copy of the said patent No. 199716 is proved and is Exhibit PW1/1. The suit patent has also been tested at the renowned Shriram Institute for Industrial Research and Spectro Analytical Labs Pvt. Ltd. These water purifier system were/are being sold by the plaintiff No. 2 under the mark KENT Mineral RO.

(3.) It is submitted that the plaintiff No. 1 developed a system and apparatus whereby water could be purified and yet essential minerals may be retained therein. This revolutionary technology was called 'Mineral RO'. The said unique and new technology - mineral water purification has gained immense popularity among the general public. Over the years, the plaintiffs have made substantial investment in market research, development of new technology, advertising and promotion of its unique patented mineral water purifier under the brand name KENT & KENT Mineral RO. The products of the plaintiff have been advertised regularly on television (SONY, STAR, ZEE TV etc.), print media (Times of India, Economic Times, Hindustan Times etc.). In fact, the plaintiffs were an associate sponsor of the ICC Cricket World Cup 2007 which was aired on Set Max channel. Film stars such as Hema Malini, Esha Deol, Ahana Deol also endorse the plaintiff's mineral water purifier product under the mark KENT Mineral RO. Copies of product brochure and instruction manual of plaintiffs are exhibited as Exhibit PW1/6 and PW1/7 respectively. Copies of the advertisements of the plaintiffs' products are on record and exhibited as Exhibit PW1/8 to PW1/11.