AMRIT SOAP COMPANY Vs. NEW PUNJAB SOAP FACTORY

JUDGEMENT

(1.) M/s Amrit Soap Company, the plaint, in a suit based on infringement of trade marks, copyright, passing off and for rendition of accounts of profits has filed this application seeking to restrain the defendant during the pendency of suit from manufacturing, selling, offering for sale or otherwise dealing in the "washing soap under the impugned trade mark "BILLY" and artistic wrapper of the plaintiff and also from passing off its products of washing scrap as and for the quality goods of the plaintiff under the trade mark "BILLY" and artistic wrappers.

(2.) The relevant facts necessary for determining the point of controversy has been set out by the plaintiff in the suit, inter alia, that the plaintiff firm is engaged in the well-established business of manufacturing and marketing of washing soaps since the year 1952. Since April 10, 1978.the plaintiff firm has been using. the trade mark "BILLY" for its products of washing soaps for file purpose of indicating a connection in the course of the trade between the said product and the plaintiff firm. The plaintiff firm has applied to the Registrar of Trade Marks for registration of the trade mark "BILLY" in respect of their goods vide application dated 10th June, 1986 and the said application has been accepted by the Registrar of Trade Marks for advertisement in the Trade Mark? Journal and the said mark cf the plaintiff is bound to be registered under the Trade and Merchandise Marks Act, 1958 in due course. The plaintiff not only since 1978 have been using trade mark "BILLY" for its products of washing soaps but also have been using for the sale and marketing "of products, artistic wrappers, for packing purposes. The salient features of the artistic wrappers have been referred to by the plaintiff in paragraph 5 of the plaint.

(3.) The plaintiff firm is a lawful proprietor of the impugned trade mark "BILLY" and also of the artistic wrapper and has Factory got an exclusive right to the use thereof. The use of aristic wrapper for more than a decads in the market has earned the firm enviable goodwill in public and trade.