HINDUSTAN UNILEVER LIMITED Vs. JASWINDER PAL SINGH

JUDGEMENT

(1.) This is an interlocutory application in aid of the reliefs claimed in a suit for infringement of plaintiff's copyright.

(2.) The plaintiff claims to be the registered proprietor of the trade mark "SURF/SURF EXCEL" as also the owner of the copyright in the art work as displayed in the packing consisting of a combination of colours, the getup, style and colour scheme whereof are distinctive of the products of the petitioner. It is stated that the packet in which the detergent powder "SURF EXCEL" is sold and distributed throughout India has a distinctive style, getup and colour scheme and a large quantity of such detergent soap/powder has been sold in India in the said labels/packets by reason whereof the said marks have become very well-known and has become distinctive of the detergent powder of the petitioner. The detergent powder of the petitioner sold under the trade mark "SURF EXCEL" has acquired a substantial reputation and goodwill in the market. The petitioner has also given the figures of the All India annual sale of products of the petitioner company with trade mark "SURF" word/brand along with sub-brand Excelmatic, Surf Excel Powder, Surf Excel Bar, Surf Perfume, on starfish or white rays in blue background on carton, polypack on button device and expenses incurred in advertising of these brand detergents.

(3.) The plaintiff also claims to be the registered proprietor of the trade mark "WHEEL", "ACTIVE WHEEL" as also the art work as displayed in the packing consisting of a combination of colours, the getup, style and colour scheme whereof are distinctive of the products of the petitioner. It is stated that the packet in which the detergent power "ACTIVE WHEEL" is sold and distributed throughout India has a distinctive style, getup and colour scheme and a large quantity of such detergent soap/powder has been sold in India in the said labels/packets by reason whereof the said markhas become very well-known and has become distinctive of the detergent powder of the petitioner.