RAYMOND LIMITED Vs. HEMANT KHANDELWAL AND ORS.

JUDGEMENT

(1.) THE suit has been instituted before this Court to seek relief/s against the Defendants who are infringing the trade marks, copyrights and are committing the tort of passing off their goods as the goods of the Plaintiffs. The Plaintiff states that it is engaged, inter alia, in the manufacture and marketing of textiles, readymade garments, textile piece goods, woolen yarn, threads etc. since more than 80 years. The Plaintiff belongs to one of the most reputed and oldest industrial house - Raymond Group of Companies. The Plaintiff is a leading textile and garment company in India and a market leader in the field.

(2.) ACCORDING to the Plaintiffs, the Defendant Nos. 1 and 2 are the partners of Defendant No. 3. It is submitted that the Defendants are violating the intellectual property rights of the Plaintiffs by using the Plaintiff's well known trademark Raymond (including the stylized manner in which the same is written in which copyrights are owned by the Plaintiff) inter alia on their sign board, visiting cards, cash invoices and carry bags and in advertisements of Defendant No. 3.

(3.) THE Plaintiff is the registered proprietor of the mark Raymond in class 24 dated November 13, 1959 bearing registration No. 193273 and in class 25 dated June 27, 1983 bearing registration No. 407166. The Plaintiff has also created a stylized representation of its mark Raymond which uses a distinctive design and color scheme which also qualifies as an artistic work and in which copyrights subsist and are owned by the Plaintiff. The Plaintiffs own a copyright registration bearing No. A -52427/1993 dated December 20, 1993