JOLEN INTERNATIONAL LTD Vs. STATE

JUDGEMENT

(1.) THESE three petitions under Section 482 of the Criminal Procedure Code, 1973 ("crpc") seek the same relief and are being deposed of by this common order. The relief sought is that FIR No. 1/2005 dated 16th november 2005 registered at Police Station iitf, Pragati Maidan under Sections 420/120-B IPC and all further proceedings consequent thereto be quashed.

(2.) THE FIR in question, registered at the instance of a complainant, narrates that he visited the India International Trade Fair ("iitf"), Pragati Maidan, New Delhi on 16th november 2005 and in particular Stall No. 3. When he enquired about the products on sale, the concerned exhibitor handed over a visiting card of Jolen International Limited ("jil") and two/three pamphlets/hand outs with a discount coupon mentioning the company's name as "jolen International limited". The complainant states that he was made to believe that JIL those were goods manufactured by "jolen" a reputed international brand. The complainant purchased one hand wash which bore an indication that it was marketed by JIL. He stated that soon thereafter he visited the adjourning Hall No. 4. which turned out to be a big stall of Jolen products. He was informed that the product which he had purchased was not a product of Jolen Inc. USA. He was also shown a copy of a "caution alert" public notice published in the "times of India" announcing that the use of word "jolen" by anyone else had been restrained by the supreme Court of India. Accordingly, the informant stated that he felt that he had been cheated by JIL "a company who induced him to buy their product by showing me word Jolen (a reputed name in the word cosmetics) on their product and mentioning that the product is being marketed by the same Jolen. "

(3.) LEARNED counsel for the Petitioner submits the complaint read as a whole does not disclose even a prima facie case to proceed against jil and the other petitioners (who are directors or employees of JIL) for the offences under Sections 420/120-B IPC. It is submitted that there is a long history of litigation in the form of civil suits pending between Jolen Inc. USA and JIL in Indian courts concerning the use of the trade mark "jolen". It is submitted that by an order dated 12th January 2005 the Intellectual Property Appellate Board ("ipab") rejected an appeal filed by Jolen inc. against the order of the Assistant registrar of Trade Marks dated 11th October 2000 disallowing its opposition to an application filed by JIL. In another suit filed by Jolen Inc. in the Madras High Court, it had obtained ex parte injunction restraining JIL from using the name "jolen International limited. " The said ex parte injunction was later modified by the learned Single Judge. The appeal filed by Jolen Inc. against the said order came to be dismissed by the Division bench of that High Court on 18th April 2005. Aggrieved by the said order Jolen Inc filed special Leave Petition (Civil) No. 16823-25 of 2005 in the Supreme Court. By an order dated 22nd August 2005 while granting leave to appeal the Supreme Court directed that "there will an interim order of stay restraining the Respondents from using the word "jolen" in any manner on any of their cartons and advertisement. "