HASMUKHRAI AND CO Vs. RAJ TEA AND CO

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This motion is taken out by the plaintiff in a suit filed by it for various reliefs including relief of injunctions restraining the defendants from infringing its trade marks "Society" and "Society Tea" and passing of its goods as that of plaintiff and in particular for preventing the defendant from using the word mark "Soyalty" or "Soyalty Tea" and also for restraining the defendants from infringing the plaintiff's copyright in the design of the packagings under which it markets its product "Society Tea".

(3.) The plaintiff is the registered owner of the trademarks "Society" and "Society Tea" which are registered s word marks in relation to class of goods falling under Class 30 of the Trade Marks Rules. Copies of the registration certificates are annexed to the plaint as Exhibit-B and B1. The plaintiff markets it's product viz. tea leaves in a distinct tricolour packaging which has different shades of black and grey with distinct designs. The distinctive work in the design of the packaging is also registered as a work of arts in the register of copyrights on 20th January 1994.