ANIL MADHAVDAS AHUJA Vs. MARVEL FRAGRANCES PVT LTD

JUDGEMENT

(1.) THIS is a derivative action filed purportedly on behalf of the first Defendant -company essentially to restrain Defendant Nos. 2 to 6 from, in any manner, dealing with and/or conducting business by using the word, trade -name and/or mark "Marvel Fragrances Company" or any other mark deceptively similar to the first Defendant's trade mark "Marvel Fragrances" so as to pass off their goods, business and/or trade as and for the trade and business of Defendant No. 1. Although certain other reliefs are also claimed in prayer (b) I did not understand the learned Advocate General to have pressed the same except insofar as it may concern the action for passing off.

(2.) THE Plaintiff and Defendant Nos. 3 to 6 are the members of the Ahuja family. Defendant No. 4 is the wife of Defendant No. 3. The Plaintiff and Defendant No. 5 are their sons. Defendant No. 6 is the wife of Defendant No. 5. Defendant Nos. 3, 5 and 6 are the partners of the second Defendant firm - Marvel Fragrances Company.

(3.) THE Plaintiff, Defendant No. 3 and Defendant No. 5 hold approximately 26.83%, 46.11% and 27.01% of the issued, subscribed and paid up equity capital of the first Defendant.