ARAVIND LABORATORIES Vs. V A SAMY CHEMICAL WORKS

JUDGEMENT

(1.) One Aravind Laboratories, a registered firm represented by its Senior Partner A.V. Srinivasan, has filed the above suit for (1) a permanent injunction restraining the defendant V. A. Samy Chemical Works from manufacturing, selling and offering for sale "Kajal" with the offending trade mark Rani Eyevix; (2) accounting and for recovery of profits earned by the defendant by way of damages for the infringement; and (3) for directing the defendant to surrender all the cartons, labels and any other printed matters containing the offending Rani Eyevix trade mark together with the blocks.

(2.) The allegations in the plaint are briefly as follows :- The plaintiff and his predecessors in title have been dealers in cosmetics for about 50 years. Their main products are Kajal used for beautifying the eye and Kum Kum used by Indian ladies. In the year ending 31-3-1983 the Plaintiff's turnover amounted to Rs. 1,58,14,125/-. All their 24 different types of products are known in the market by their trade mark "EYETEX" registered as early as 1946 under the Trade Marks Act 1940. The name Eyetex has became the special distinctive trade mark identity for all their products. This is also reflected in the judgement of this Court reported in Aravind Laboratories v. Chettiar, (1981) 1 Mad LJ 75.

(3.) Kajal (collyrium) produced by the plaintiff is marketed in a black circular plastic capsule, on the face of which is embossed the words EYETEX Registered. Along with the capsule an inch long plastic stick with handle is also supplied for applying the Kajal to the eye lashes so that the Kajal does not stain the fingers. The plastic capsule is wrapped by a sheet giving directions for use and along with the plastic stick it is packed in a square cardboard box.