BISWANATH HOSIERY MILLS LIMITED Vs. MICKY METALS LIMITED

JUDGEMENT

(1.) In a suit for infringement of trademark and passing off the plaintiffs have sought interim protection by way of the present application.

(2.) Learned advocate appearing for the plaintiffs has submitted that, the plaintiff No. 1 is a registered proprietor of various "LUX" trademarks. The mark "LUX" had been adopted by the founder of the plaintiff No. 1 in the year 1957. The plaintiff No. 1 has also copyright over "LUX" label having certificate of registration dated August 8, 1972. The plaintiff No. 2 is a subsidiary of the plaintiff No. 1 and that the plaintiff No. 2 has been using the name "LUX" since 1995 as its corporate name. He has relied upon the photographs of the packaging of the products of the plaintiffs.

(3.) Learned advocate appearing for the plaintiffs has submitted that, the plaintiffs have in total 22 registrations in India. He has referred to the sales figure and the advertisement and promotional expenses of the plaintiffs from the year 2008 - 2009 onwards. He has also referred to the sale invoices of the plaintiff from the year 1986 showing massive business and popularity of the trademark "LUX". According to him, the sales, publicity, quality and product and uninterrupted and continuous user of the word "LUX" has been recognised by the Intellectual Property Appellate Board in Biswanath Hosiery Mills Ltd. versus Friends Hosiery and Another on July 15, 2020. He has referred to the other orders which the plaintiffs have obtained from various Court proceedings in order to protect the trademark "LUX". He has contended that, by virtue of such popularity, brand value, public demand and quality of products the mark "LUX" of the plaintiffs has become well-known. The plaintiffs have received awards. The launch events of various "LUX" brands by the plaintiffs have been usually covered by leading media houses. He has referred to the personalities who have been the brand ambassador of the plaintiffs. He has submitted that, the products of the plaintiffs are sold all over the world. The plaintiffs have market presence in 47 countries around the world. The plaintiffs have obtained trademark registration in various countries abroad.