MARICO LTD Vs. J. K. ENTERPRISES

JUDGEMENT

(1.) The instant suit was originally instituted by M/s Hindustan Lever Ltd., a company registered under the Companies Act 1956, being the original Plaintiff no. 1 along with M/s Indexport Ltd., a company registered under the Companies Act 1956, against the Defendant alleging infringement of trade-mark.

(2.) The original Plaintiff no. 1 was owner of the band 'NIHAR' and used to market perfumed coconut oil under the said brand-name and trade-mark 'NIHAR'. The word 'NIHAR' appeared on the labels and packages in a distinctive style, get- up, write-up and in distinctive colour scheme. The word was used in conjunction with a device of two coconut-trees one full coconut and another half coconut. The original Plaintiff no. 1 had been selling the product from the year 1995.

(3.) On or about 17/2/2006, the Plaintiff No. 1 executed a deed of assignment in favour of the present Plaintiff M/s Marico Ltd., a company registered under the Companies Act 1956, whereby the original Plaintiff no. 1, M/s Hindustan Lever Ltd. transferred, assigned and conveyed all its rights, titles and interests in the trade-mark 'NIHAR', for valuable consideration in favour of the present Plaintiff as aforesaid. By virtue of the aforesaid assignment, the present Plaintiff became the owner of the trade-mark 'NIHAR' together with the good-will in India. The present Plaintiff is manufacturing and marketing coconut oil under the mark 'NIHAR'. The original Plaintiff M/s Hindustan Lever Ltd. got the trade-mark registered in its name. Subsequent to assignment the present Plaintiff made application for registration of the trade-mark 'NIHAR' in its name and got it so registered. As such presently, the present Plaintiff is the registered proprietor of the trade-mark 'NIHAR'. The present Plaintiff also substituted itself in place of the original plaintiffs.