JOLEN INC Vs. SHOBAN LAL JAIN

JUDGEMENT

(1.) ORIGINAL Applications No. 553 and 554 of 2000 were filed by the applicant/plaintiff to grant interim injunction restraining the respondents and their men from manufacturing, selling, offering for sale, advertising and directly or indirectly dealing in cosmetics preparations including creme bleach in packaging which is identical to or a colourable imitation/substantial reproduction of the applicant's JOLEN creme bleach packaging including the carton and container thereof, amounting to infringement of the applicant's copyright in the artistic work JOLEN creme bleach carton, container and JOLEN written in distinctive script and also restraining them from passing off or enabling others to pass off the respondents' goods as the goods of the applicant.

(2.) THE case in brief for disposal of all the applications is as follows: THE applicant carries on an established business as manufacturer of a wide range of cosmetics, including creme bleach to pale hair. THE applicant since 1955 is manufacturing and selling creme bleach under the trade mark JOLEN. THE applicant's JOLEN creme bleach is sold in a bluish green carton with white lettering. THE trade mark JOLEN is written in an unique and highly distinctive stylised script wherein the initial 'J' appears in small alphabet as 'J' but in the same size as the remaining letters JOLEN which appears in capital. A white line runs atop the entire length. THE trade mark JOLEN in stylised script in bluish green colour appears within a white oval on the top of the carton. THE trade mark JOLEN in stylised script in white lettering with the words 'CREME BLEACH and lightens excess dark hair' appear on the front and back of the cartons with bluish green background. THE containers inside the carton are white plastic containers of a distinctive shape.

(3.) RESPONDENTS 1 to 3 filed Application No. 2558 of 2000 to revoke the leave granted to the plaintiff and filed Applications No. 2559 and 2560 of 2000 to vacate the order of interim injunction and also to suspend the order of interim injunction granted on 19.6.2000.