ARAVIND LABORATORIES Vs. MODICARE ALI TOWERS

JUDGEMENT

(1.) PENDING suit for infringement of a registered trade mark and passing off, the plaintiff has come up with (i) O.A.Nos.518 of 2010 praying for an interim order of injunction restraining the respondent from manufacturing, selling, advertising and offering their products for sale using the trade mark Daily Dazzler in any media and using the same in nail polish, nail glitter, invoices, letter heads and visiting cards or any other cosmetics and by using any other trade mark which is in any way visually, phonetically or deceptively similar to the applicant's trade mark EYETEX DAZLLER or in any manner infringing the applicant's registered trade mark Nos.1261112 and 1261117 in Class 3; and (ii) O.A.No.519 of 2010 praying for an interim order of injunction restraining the respondent from manufacturing, marketing, distributing, offering or advertising or using the mark Daily Dazzler or similar sounding names in the course of their business and passing off their nail polish or other cosmetic products using the trade mark Daily Dazzler as and for the EYETEX DAZLLER goods of the applicant.

(2.) I have heard Mrs.Gladys Daniel, learned counsel for the applicant/ plaintiff and Mr.Satish Parasaran, learned counsel for the respondent/ defendant.

(3.) THE plaintiff has filed as document No.1 series, the copies of the cartons in which their products are sold with the label which contain the words "EYETEX DAZLLER" written in an artistic manner. THE plaintiff has also filed the certificates of registration of their trade marks bearing Nos.1261112 and 1261117, as document Nos.2 and 3. THEse documents disclose that the plaintiff has obtained registration of the word "EYETEX DAZLLER" in respect of Nail Glitter and Nail Polish under Class 3 with effect from 14.01.2004 and had also obtained registration of a device which includes the words "EYETEX DAZLLER". THE advertisement issued by the defendant in a magazine titled "New Woman" is filed as document No.4. Document No.4 shows the picture of a bottle in which the nail enamel marketed by the defendant is displayed. It contains the words "Daily Dazzler". THErefore, based on these documents, the plaintiff complains that there is infringement and passing off.