MEHRA COSMETICS Vs. RAM KUMAR GULATI

JUDGEMENT

(1.) The plaintiff instituted the suit against the four defendants, namely (a) Ram Kumar Gulati; (b) Raj Kumar Gulati; (c) D.K.Cosmetics; and, (d) G.M. Plastics, for permanent injunction restraining the defendants from (a) infringing the trade mark BLUE CLIFF of the plaintiff by adopting the mark BLUE CHEF with respect to the same goods; (b) passing off their goods as that of the plaintiff under the mark BLUE CHIEF, by use of the mark BLUE CHEF; (c) infringement of registered design 266053 of the plaintiff and for ancillary reliefs.

(2.) The suit, initially filed in the District Court, was transferred to this Court on the defendants written statement challenging the validity of the registered design claimed by the plaintiff.

(3.) Vide order dated 6th December, 2016 on the application of the plaintiff for interim relief, the defendants, during the pendency of the suit, were restrained from using the word CHEF in conjunction with the word BLUE in respect of White Petroleum Jelly or any other cosmetics or any other mark deceptively similar to the mark CHIEF of the plaintiff. FAO(OS) 71/2017 preferred by the defendants no. 1 to 3 against the said interim order as well as the cross-objections filed by the plaintiff therein against the part of the order dated 6th December, 2016 declining interim order with respect to design, were dismissed vide judgment dated 17th September, 2018.