AMRUTANJAN LIMITED Vs. AMARCHAND SOBACHAND

JUDGEMENT

(1.) THE Plaintiffs Messrs Amrutanjan Limited are a limited company, incorporated under the Companies Act, 1956 and having their registered office at No. 14/15 Luz Chruch Road, mylapore, Madras-4. THE defendants are a partnership firm. THE plaintiffs stated that for about 80 years they have been regularly and in the course of trade using in connection with their'pain balm'a distinctive trade mark called'amrutanjan'. THE trade mark of the plaintiffs has a distinctive get-up and arrangement.

(2.) THE plaintiffs have duly registered their aforesaid'amrutanjan' trade mark under the Trade Marks Act, 1940 (corresponding to the Trade and merchandise Marks Act, 1958

(3.) THE plaintiffs pray for a permanent injunction restraining the defendants by themselves, their servants, agents or anyone claiming through them from manufacturing and selling and offering for sale the offending Amar's pain balm or pain balm with any other trade mark which is in any way deceptively similar to or a colourable imitation of the plaintiffs' registered trade mark "amrutanjan". THE plaintiffs also pray for the relief of accounting, directing the defendants to render a true and faithful account of the profits earned by them through the manufacture and sale of the offending Amar's pain balm and directing such profits to be paid to the plaintiffs by way of damages for the infringement and passing off committed by the defendants. THE plaintiffs also pray for a decree directing the defendants to surrender to the plaintiffs all the cartons, labels and any other printed matters containing or consisting of the offending Amar's Trade Mark together with the blocks used for the purpose of printing the same for destruction. THE plaintiffs also pray for the costs of the suit.