RAYMOND LTD Vs. RAYMOND PHARMACRUTICALS PVT LTD

JUDGEMENT

(1.) This Appeal takes exception to the order dated 15-02-2007 passed by the learned single Judge of this Court in Notice of Motion No.661 of 2006. That Notice of Motion was taken out by the Appellant in Suit No.437 of 2006. Suit No.437 of 2006 is filed by the present Appellant claiming a permanent injunction restraining the Defendant from infringing their trade-mark. The Plaintiff " Raymond Limited" is a company, which is the successor of " Raymond Woollen Mills Ltd." incorporated under the Companies Act in 1925. Which had conceived and adopted the use of the word " Raymond" in a stylised manner for for marketing its products. On 27nd June, 1983, the plaintiff obtained registration for the trade mark 'Raymond' under registration No.401766 registered in Class 25 in respect of textile piece goods including shirting, suiting and saris, dress materials, blankets, shawls, satin, bed and table covers, bed spreads, bed sheets, tissues, felts, curtains, flannel, handkerchiefs, linen, cloth linings, towels, woollen piece goods etc under the Trade and Merchandise Marks Act, 1958. They also have obtained registration under Copyright Act, 1957 for the word "Raymond" written in stylized manner. In short, for the goods in question, which are broadly wearing apparel, plaintiffs have registered copyright and registered trade mark for the word "Raymond". The Plaintiff claims that the use of the trade-mark of the Plaintiff i.e." Raymond" in the corporate name of the Defendant amounts to infringement of the trade-mark of the Plaintiff. Therefore, the Plaintiff claims in the plaint a permanent injunction restraining the Defendant from infringing its trade-mark by using it as a part of its corporate name. A temporary injunction in similar terms was claimed in the Notice of Motion No.661 of 2006.

(2.) The defence of the Defendants is that use of the word " Raymond" in the corporate name of the Defendant, which deals in totally different product than the product in relation to which the trade-mark of the Plaintiff is registered, does not result in infringement of the trade-mark of the Plaintiff. The Defendants claim that " Raymond" is a common word. It is Christian name and quite common. The Defendants claim that the " Raymond" itself means " mighty protection" in the English language, and therefore, it adopted that name in its corporate name. The Defendants manufacture and sell pharmaceuticals products. The nature of the business and the product of the Plaintiffs and the Defendants are totally different. The learned single Judge decided the Notice of Motion by order dated 15-02-2007. The learned single Judge rejected the Notice of Motion. The present Appeal is directed against the order of the learned single Judge rejecting the Notice of Motion.

(3.) The learned Counsel appearing for the Appellants submitted that in the present case the provisions of Section 29(4) of the Trade- Mark Act, 1999 are attracted. It is submitted that the registered trade-mark of the Plaintiff has reputation in India and because the Respondents are using the mark without due cause and the use of the mark by the Respondents results in dilution of the mark, therefore, though the goods or products of the Respondents are dissimilar to the goods and products manufactured and marketed by the Plaintiffs, the Defendants are infringing the registered trade mark of the Plaintiffs. The learned Counsel appearing for the Appellants took us through the record to show that the Plaintiffs have built up formidable reputation in India. He also submitted that adoption of the mark by the Defendants is without due cause. He submitted that the use of the name " Raymond" in the corporate name by the Defendants amounts to dilution of the trade-mark of the Plaintiffs. The learned Counsel appearing for the Plaintiffs relied on several judgments in support of his argument as also relevant extracts from Kerly" s law of Trade Marks and Trade Names, Thirteenth Edition.