ARUN COLOUR CHEM Vs. MITHUMAL ESSANCE MART

JUDGEMENT

(1.) THIS suit is filed by Arun Colour Chem, i.e. the Plaintiff No. 1 and Arun Colourchem Private Limited, i.e. the Plaintiff No. 2. The plaint as originally filed sought a permanent injunction to restrain the Defendants from using on their products any mark identical or similar to the Plaintiffs mark and label that would amount to passing off of the Plaintiffs registered trademark SUN and the SUN BRAND Label Mark. It has sought to restrain the defendants from infringing the Plaintiffs copyright in the SUN BRAND Label. Other prayers included an order for rendition of accounts and an order for damages. On 21st August, 2007, this Court allowed the I.A. No. 9498/2007 under Order 6 Rule 17 CPC permitting the Plaintiffs to amend the plaint on the basis of a registration certificate for the word mark SUN having been granted to Plaintiff no. 2 by the Trade Mark Registry on 3rd February, 2007. Consequent upon the amendment being allowed, the amended plaint was taken on record. The amended prayer in para 19 seeks the relief of permanent injunction against the Defendants with respect to the infringement of the trade mark SUN in class 30 under No. 842504.

(2.) PLAINTIFF No. 1, Arun Colour Chem, is a partnership firm established in the trade of manufacture and sale ofinter aliafood colours and flavours in the year 2003. It carries on its business in Punjabi Bagh, New Delhi. Plaintiff No. 2, Arun Colourchem Private Limited, is a company registered under the Companies Act, 1956 in Haryana. This suit is instituted through Mr. Vam Dev Bhardwaj who is a partner in Plaintiff No. 1 and the Managing Director of Plaintiff No. 2.

(3.) IT is stated that due to an inadvertent error, the Plaintiff was unable to renew registration of the SUN BRAND Label Mark. As already noticed, during the pendency of the suit, the Plaintiff obtained the registration for the word mark SUN on 3rd February 2007.