HINDUSTAN UNILEVER LIMITED Vs. S S ENTERPRISES

JUDGEMENT

(1.) This Suit has been filed by the Plaintiff against the defendants praying for a perpetual injunction restraining the Defendants in any manner infringing the plaintiff's registered trademark SUN and/or SUNLIGHT by printing, stocking, manufacturing, selling any goods, and in particular washing powder or washing bar, under the trademark SUNGREEZ which is identical/deceptively similar to the Plaintiff's registered mark SUN and/or SUNLIGHT.

(2.) According to the Plaintiff, it is a multi-national company engaged in manufacturing and marketing Home, Personal Care products, Foods and Beverages, soaps, detergents, hair and skin products, having an annual turnover in the order of Rs.28,000/- crore. Further, the Plaintiff Company is the proprietor of trademarks such as TAJ MAHAL, BRU, KISSAN, ANNAPURNA, LUX, WHEEL and SURF/SURF EXCEL, SUNSILK and DOVE etc.

(3.) The Plaintiff further states that they have been extensively manufacturing and marketing its washing powder/soaps under the trademark 'SURF' for over 65 years and has been intensively advertising the said trademark. The trademark 'SURF' has been registered as early in 1948 under No.132479 with the trademarks registry and the same is valid and subsisting till date. The details of few registrations obtained by the Plaintiff in respect of the trademark 'SURF' and 'SURF EXCEL' are filed collectively as Exhibit P.2 (Series).