RAYMOND LIMITED Vs. RAYMOND PHARMACEUTICAL PVT LTD

JUDGEMENT

(1.) By this Notice of Motion, the Plaintiffs seek injunctions restraining the Defendants, their Directors, proprietors, servants, subordinates, representatives, stockists, dealers and agents and other persons under them, from infringing the Plaintiffs' registered mark 'Raymond' ("the Mark") in any manner including by using the Mark or any similar mark in the domain name www . raymondpharma.com or any other domain name incorporating the Mark or any other similar mark as a part of the Defendants' website, E-mail address or otherwise. The Plaintiffs also seek to restrain the Defendants from passing off the Defendants' goods or website as that of the Plaintiffs. The plaint similar permanent injunctions, damages in a sum of Rs.50 Lakhs, in the alternative accounts in respect of the profits earned by the Defendants by using the Mark and for a decree for amounts found to be due on accounts being taken.

(2.) The Plaintiffs were incorporated in 1913 as Raymond Woolen Mills Limited, are presently known as Raymond Limited and claim market leadership as manufacturers of textiles and ready-made garments. The Plaintiffs and its subsidiaries are also engaged in the business of personal care products, air charter services, latex products, engineering tools, film production, advertisement and education services. The Plaintiffs claim proprietary interest in the Mark created by an employee of the Plaintiffs. The Mark was adopted as the Plaintiffs' logo more than 80 years ago and it constitutes an essential feature of the corporate name of the Plaintiffs. The Plaintiffs claim 'Raymond' is a famous household mark with tremendous reputation and goodwill. Raymond is written in a broad lettering and style and is an original artistic work as contemplated in the Copyright Act, 1957 registered under the Act with effect from 20th December, 1993 and the registration is still valid. The Plaintiffs have registered the Mark in numerous classes under the Trade Marks Act. Copies of the certificates of the registration are relied upon and annexed to the plaint. The Plaintiffs have contended that over the years has acquired the status of very well known and famous mark.

(3.) The Defendants, on the other hand, are in the pharmaceutical business and it is the Plaintiffs' case that the Defendants have unauthorisedly used the Mark in their domain name www . raymondpharma.com and E-mail address info@raymondpharma. com for its business purposes. Apart from committing the tort by passing off the defendants are allegedly riding on the goodwill and reputation of the Mark and such misrepresentation is likely to cause confusion and deception amongst the public. The Plaintiffs impugn such unauthorised use.