DABUR INDIA LIMITED Vs. BAJAJ HERBALS PRIVATE LIMITED

JUDGEMENT

(1.) This Notice of Motion for interim relief has been moved by the plaintiffs in a suit in which the principal relief is of permanent injunction restraining the defendants from in any manner using in relation to any toothpaste, toothpowder or toothbrush the impugned marks "Miswak/Meswak" by itself or in combination with the word "Taj" or any other word or any other deceptively similar mark so as to infringe plaintiffs' registered trade marks and similarly for a perpetual injunction so as to restrain passing of the goods of the defendants as that of the plaintiffs. The Plaintiffs' case is based on the fact that they are the successors in title of M/s. Balsara Hygiene Products Limited. The business of the company is to manufacture, market and sell oral and hygiene care products and allied goods. What the plaintiffs have asserted is that their right is also based on the order passed by the Delhi High Court in a Company Petition sanctioning and approving the merger of Balsara Hygiene Products with plaintiffs with effect from 1st April 2006.

(2.) What the plaintiffs have stated is that they are registered proprietor of word mark Meswak and/or Miswak. They are further registered proprietors of label mark of which the essential features are the same words "Meswak and/or Miswak". The plaintiffs have filed prescribed form TM-24 as a request to register them as a subsequent proprietor of a mark upon the devolution of title of the trademarks Miswak/Meswak in view of the merger of Balsara Hygiene Products -- original proprietor of the trademark with the plaintiffs and the terms thereof. After relying upon copies of this application and the acknowledgement thereof what is contended is that the first defendant is a company incorporated under Indian Companies Act, 1956 and carries on business of manufacturing, marketing, selling and exporting, inter alia, toothpaste and other allied products. The defendant No. 2 is a registered entity and/or organised according to the Laws of Morocco and is carrying on business of marketing and distribution of toothpastes, tooth brushes etc. in Morroco.

(3.) In paras 7, 9, 10, 11 and 12 of the plaint, this is what is stated:-