NALGONDA RANGAREDDY DISTRICT MILK PRODUCERS MUTUALLY AIDED COOPERATIVE UNION LTD Vs. MOTHER DAIRY FRUIT AND VEGETABLE PRIVATE LTD

JUDGEMENT

(1.) The appellant is the defendant in CS(OS) No. 1350/2015 filed by the respondent herein, claiming an injunction restraining the appellant from using the trademark "Mother Dairy". This appeal is directed against an order dated 14.09.2016 passed by the learned Single Judge on the application of the plaintiff/respondent under Order XXXIX Rule 1 & 2 of the CPC (IA No. 10126/2015). By the impugned order, the respondent has been granted an injunction against the appellant using the trademark "Mother Dairy" in any form whatsoever for any of its products, subject to exhaustion of its existing stocks by 01.10.2016.

(2.) The respondent is engaged in the business of milk, milk products, fruits and vegetables and other food products in India under the brand name "Mother Dairy" and "Safal". It was granted registration of its trademark "Mother Dairy" on 09.04.2003 for milk and milk products and its label mark was registered on 18.02.2013. On the same day, it also registered the artistic work, get-up, layout, pattern and colour scheme under the Copyright Act, 1957.

(3.) The parties entered into a Collaboration Agreement dated 24.12.2004 for a period of 5 years. Disputes arose between them, leading to the institution of a petition under Section 9 of the Arbitration and Conciliation Act, 1996 before this Court (being OMP No. 663/2007). During the pendency of that petition, the parties entered into a Settlement Agreement dated 22.04.2008 (hereinafter referred to as "the Settlement Agreement") wherein it was inter alia recorded that the appellant does not claim any right in the trademark but was permitted to use the words "Mother Dairy" on the labels for sale of its milk and milk products, below the logo and above its address.