HINDUSTAN UNILEVER LIMITED Vs. ASHIQUE CHEMICALS

JUDGEMENT

(1.) The plaintiff seeks a perpetual injunction, restraining the defendants from using, in relation to soaps or detergents, the impugned mark "SunPlus" or the word "Sun" with any prefix or suffix or any other deceptively similar mark or the impugned labels containing the words "Sunplus" or any other deceptively similar labels so as to infringe the plaintiff's registered trademarks or so as to pass off the defendants' goods as and those of the goods of the plaintiff.

(2.) The plaintiff is the registered proprietor of the words marks "Sun", "Sunlight" and "Sunsilk" under class 3. The marks "Sunlight" and "Sunsilk" are associated with the mark "Sun". The plaintiff is also the registered proprietor of the label marks, which include prominently the word "Sunlight".

(3.) Defendant No.1 is a sole proprietary concern of the son of defendant No.3. Defendant No.3 one P.C. Thahir is the sole proprietor of defendant No.2 - Aghin Chemicals. The defendants have adopted the mark "SunPlus" wherein the letters "S" and "P" are in capitals. The defendants have adopted the devise of a blue cross on the letter "P". The vertical bar of the cross is within the vertical bar of the alphabet "P". The horizontal bar in the cross extends within the lower curve of the letter "P" and to the left goes beyond the vertical bar of the letter "P". The plaintiff claims to have seen the defendants products in January, 2010. The label mentions the second defendant's name - Aghin Chemicals - as the manufacturer.