VIMAL DAIRY LIMITED Vs. GUJARAT TEA DEPOT COMPANY

JUDGEMENT

(1.) (A) Introductory Remarks:

(2.) Factual Remarks:

(3.) The Appellant / Original Defendant states and submits that the gist of the case of the plaintiffs can be described in nutshell to the effect that plaintiffs are using the trademark 'WAGH BAKRI' and they have acquired wide reputation and goodwill in the Tea Business. It is further the case of plaintiffs that they have been using and publishing various labels containing the word 'WAGH BAKRI' as per the demand of the business. In view of the such demand, plaintiff No. 1 has first published one label / wrapper in the year 2013 in India under the title "WAGH BAKRI' Strong and Refreshing Premium Leaf Tea in English and Hindi languages and since, then plaintiffs are the first owners of the copy right of that Artistic work of the said label /trademark. The said label is having distinct colour scheme, get up and arrangement and as such, that arrangement are the material portions of the said label of plaintiffs. It is further the case of the plaintiffs that defendant has copied substantial and material reproduction of the Artistic work of the label of plaintiffs and thereby the defendant is committing an act of infringement of copyright under the provisions of the Copyright Act, 1957. It is further the case of plaintiffs that defendant has applied for the trademark on 19.11.2019 and legal notice was issued, which was replied by the defendant. Thereafter the present suit came to be filed.