R NATARAJAN Vs. HINDUSTAN LEVER LIMITED

JUDGEMENT

(1.) THE plaintiffs/applicants filed the suit for declaration that the cease and desist notice dated 4.11.1999 sent on behalf of the defendant is a groundless and unjustifiable threat and for permanent injunction restraining the defendant from issuing memos, circulars, advertisements, notices threatening action and other consequential reliefs.

(2.) PENDING the above suit, the applicants have filed this application seeking for an ad-interim order of injunction restraining the respondent/defendant from issuing memos, circulars, advertisements, notices and such like, threatening action, on action of the plaintiffs' business in edible oils using the trademark "OK".

(3.) IT is also stated that the defendant has been marketing sunflower oil under the trademark "Flora" and vanaspathi under the trademark "Dalda" and the defendant does not manufacture palm oil at all and as such, they are not marketing edible oils and hydrogenerated vegetable oils all over the country under the brand name "OK". No type of edible oil falling under class 29 has ever been marketed by the defendant under the brand name "OK". They have been recently using the mark "OK" only with respect to detergent soaps, which goods falling under class 3 which has no connection with edible oils.