UNILEVER PLC AND ANR Vs. FIROZ AND ANR

JUDGEMENT

(1.) This is an interlocutory application in aid of a suit complaining of, inter alia, infringement of the plaintiff No.1's trade mark. The plaintiff No. 1 claims to be the registered proprietor of the trade mark "LIPTON". It is stated that a large quantity of a variety of teas has been sold in India under the said trade mark "LIPTON" by reason whereof the said mark has become very well-known and has become distinctive of the products of the petitioners. The products of the petitioners sold under the trade mark "LIPTON" have acquired a substantial reputation and goodwill in the market. The petitioners have also given the figures of the All India annual sale of products of the petitioner companies with the trade mark "LIPTON" and expenses incurred in advertising of the said products.

(2.) Mr. Siddhartha Mitra, learned Senior Counsel appearing on behalf of the petitioners submits that in the month of September, 2017 in course of a market survey and investigation carried out by the petitioners in Rajasthan, it was found that the respondents were manufacturing, selling and distributing tea under the mark "Lip Ton", which is identical to the Trade Mark under which the Petitioners' product "LIPTON" is sold and distributed in India. It is submitted that the Respondent No. 1 is also using the said trade mark "LIPTON" in its trading name.

(3.) The packet of the product "LIPTON" of the petitioners and the infringing wrapper of the defendants, namely "Lip Ton" are produced before this Court.