JIVRAJ TEA LIMITED Vs. DAYALJI VANRAVAN KOTECHA

JUDGEMENT

(1.) Being aggrieved by the order dtd. 12/2/2019 passed below Exhs-5 and 10 in Trade Mark Suit No. 8 of 2018 by the 10th Additional District Judge, Surat, the original plaintiff has preferred the present Appeal from Order under Order 43 Rule 1(r) of the Code of Civil Procedure.

(2.) The appellant is the original plaintiff and respondents are the original defendants. For the brevity and convenience, the parties are referred to in this order, as per their status before the trail Court.

(3.) The plaintiff has filed the suit for injunction and Account of profits against infringement and passing off in respect of the trademark of the plaintiff by the defendants. It is the case of the plaintiff that plaintiff's trademark JIVRAJ-9 more particularly numbering 9 of the plaintiff has acquired distinct and high reputation and goodwill and the plaintiff is having statutory protection by various registered trademarks. That the defendants recently adopted the mark containing the words '9' despite of the sufficient knowledge that the plaintiff is in market since around 1970 with the mark and device of number '9'. That, the defendant has adopted DOUBLE HAATHI PREMIUM TEA NO.9 and thereby substantially highlighting the numerical 9 on front fascia and backfascia of the label which is identical to one of the essential features of the plaintiff's registered trademark and thereby committed infringement of trademark of the plaintiff. That by misuse of identical and / or deceptively similar trademark, the defendant is committing act of infringement and passing off. On the aforesaid basis, the plaintiff filed the aforesaid Suit. Along with the plaint, the plaintiff has moved an application for interim injunction.