UTO NEDERLAND B.V. Vs. TILAKNAGAR INDUSTRIES LTD.

JUDGEMENT

(1.) THIS is an action for infringement of copyright and passing off. The plaintiffs contend that the defendant has by printing and publishing the labels at Exhibits X -1 to X -4 of the plaint, infringed their copyright in the original artistic works annexed at Exhibits D1, D3, F, M1, M2 and M4 to M6 of the plaint. The plaintiffs claim to be the registered proprietors of the trademarks "MANSION HOUSE", "MH", "MHB" and "SAVOY CLUB" and contend that the defendant has, by using the said trademarks, passed off their products viz. alcoholic beverages, spirits and liquors as and those of the plaintiffs or as emanating from or being associated with the plaintiffs. The plaintiffs are companies organized and existing under the Dutch laws and are producers, importers, exporters, sellers and distributors of various spirits and liquors, including scotch whiskey, gin, vodka, rum, liqueurs and cognac. The plaintiffs are fully owned subsidiaries of UTO Holding D.V. (formerly known as D.V. Utomij). The plaintiffs and their holding companies are, in turn, a part of the UTO group of companies engaged in similar business. The group has permitted plaintiff No. 1, the right to register trademarks in certain countries, including India.

(2.) IT is not necessary to set out the history of the plaintiffs as there is no dispute about the fact that the plaintiffs were, at the material time, proprietors of several trademarks, including the said trademarks in respect of which this suit has been filed

(3.) THE document dated 7th July, 1983, addressed by the plaintiff No. 1 to the defendant reads as under: