RAYMOND LTD Vs. RAYMOND PHARMACEUTICALS PVT LTD

JUDGEMENT

(1.) BY this notice of motion the plaintiff is seeking an injunction restraining defendants from dealing in relation to the word "raymond" or any other mark identical with or deceptively similar to the plaintiff's trademarks bearing Nos. 193273 and 407166 (Exhibits A and B), so as to infringe the same.

(2.) THE plaintiff has filed this suit for injunction to restrain the defendants from infringing their registered trade mark. There is no claim that the defendants are passing off their goods. The plaintiff's "raymond Limited" is a company which is a successor of "raymond Woollen Mills Limited' incorporated in the year 1925, which had conceived and adopted the use of word "raymond" in a stylized manner for marketing its product.

(3.) ON 27th June, 1983, the plaintiff obtained registration for the trade mark 'raymond' under Registration No. 401766 registered in Class 25 in respect of textile piece goods including shirting, suiting and saris, dress materials, blankets, shawls, satin, bed and table covers, bed spreads, bed sheets, tissues, felts, curtains, flannel, handkerchiefs, linen, cloth linings, towels, woollen piece goods etc under the Trade and Merchandise Marks Act, 1958. They also have obtained registration under Copyright Act, 1957 for the word "raymond" written in stylized manner. In short, for the goods in question, which are broadly wearing apparel, plaintiffs have registered copyright and registered trade mark for the word "raymond".