RAJ REMEDIES Vs. RICHARDSON VICKS INC

JUDGEMENT

(1.) This appeal is directed against the order dated 6th April 1999 passed by the Judge, Court No.XVI, City Civil Court, Ahmedabad.

(2.) The respondents nos.1 and 2 herein (orig. plaintiffs) filed Regular Civil Suit No.855 of 1999 before the City Civil Court, at Ahmedabad along with an application for temporary injunction, in the following terms:

(3.) The claim of the respondents-plaintiffs is that the plaintiff no.1 is a Corporation existing under the laws of the United States of America and is proprietor of several trade marks which are also registered in India. The plaintiff no.1 is the owner of the trade mark 'VICKS'. The plaintiff no.2 is a subsidiary of the plaintiff no.1 and is a registered Company incorporated under the Companies Act, 1956. The plaintiff no.2 is also engaged in the business of manufacturing and marketing the medicinal products under the trade mark, 'VICKS'. The plaintiff no.2 is also originater and owner of the copy right of artistic work contained in the label, i.e. packing of green colour with mark 'VICKS' written in a novel fashion. The plaintiff no.2 thus claims to be the owner of the colour scheme and get up of the packing (sachet). The plaintiff no.1 adopted and used the trade mark 'VICKS' in respect of their medicinal products since more than 100 years and used the trade mark 'VICKS' in respect of its medicinal preparations in India through its subsidiary, i.e. plaintiff no.2 since 1971. The plaintiffs have thus adopted and used the said trade mark openly, extensively and continuously since 1971 in India and it is their say that the trade mark of 'VICKS' is also registered under the provisions of the Trade and Merchandise Marks Act, 1958, which will be hereinafter referred to as 'the Trade Marks Act' under Number 328355 in Class-V in respect of pharmaceuticals etc. It is the claim of the plaintiffs that because of the long, continuous, open and extensive use of the trade mark 'VICKS' and because of the superior and high quality of the product, it has acquired a high reputation and goodwill in the market throughout the country. This product of the plaintiffs, because of its superior quality, is known, identified and purchased in the market by dealers and customers under the trade mark 'VICKS' and the same is identified by its distinguished get up and the colour scheme of artistic work on the label. According to the plaintiffs, the sale figure of their product 'VICKS' cough drops have reached up to Rs.66 crores in 1997-98. It is also their case that they have extensive net work of advertising their product cough drops under the trade mark 'VICKS' and they have advertised the said product throughout India including Gujarat in all leading channels of TV and they are spending crores of rupees on advertising. The grievance raised by the plaintiffs in the suit as aforesaid and the application for injunction was that the defendant, i.e. appellant herein has introduced a product in the market in the name of 'VIKAS' with the similar get up of the packing and use of the trade mark 'VICKS' which is deceptively similar and the defendant has infringed the rights of the plaintiffs and is thereby causing serious prejudice to the benefits and business of the plaintiffs apart from gaining undue benefit to itself.