BOMBAY OIL INDUSTRIES LIMITED Vs. RAJ OIL MILLS

JUDGEMENT

(1.) THIS Notice of Motion has been taken out by the plaintiffs for an order of injunction to restrain the defendants by themselves, their servants and agents, pending the hearing and final disposal of the suit, from in any manner---

(2.) THE plaintiffs case is as under

(3.) MR. Tulzapurkar, the learned Counsel appearing for the plaintiffs, has submitted that the fact that the 1st plaintiffs have been the owners of the copyright in the original artistic work has been established. The 1st plaintiffs have obtained registration of the said label mark which is valid and subsisting. He has further submitted that merely because the said mark is registered with a disclaimer, it does not make any differences so far as the ownership thereof and other rights of the plaintiffs therein are concerned. Since under a registered user agreement dated September 26, 1990, the 1st plaintiffs have granted licence and/or registered user of the said mark to the 2nd plaintiffs, the 2nd plaintiffs are entitled to the user thereof. Mr. Tulzapurkar has further submitted that as the 1st plaintiffs are owners of the copyright of the said artistic work any colourable imitation thereof amounts to infringement of 1st plaintiffs copyright therein. Mr. Tulzapurkar has further submitted that the 1st defendants said label mark adopted as from October 1988 is colourable imitation of 1st plaintiffs said label mark and hence it amounts to infringement of 1st plaintiffs copyright therein. He has further submitted that the 1st defendants said label mark Exhibits F-1 and F-2 to the Plaint are deceptively similar to the 1st plaintiffs said label mark Exhibits B and C to the Plaint and as such the 1st defendants have committed an act of infringement of the said label mark of the 1st plaintiffs. Mr. Tulzapurkar has further submitted that by using the impugned label the defendants have passed off and are trying to pass of and/or are enabling others to pass off the defendants goods as and for the goods of the plaintiffs. In the circumstances, Mr. Tulzapurkar has submitted that the plaintiffs are entitled for the reliefs prayed for in this Notice of Motion.