MD MAHBOOB Vs. BIBHUTI BHUSAN GUPTA

JUDGEMENT

(1.) These four petitions in revision are heard together for the sate of convenience. In two cases, Rules were obtained by the accused and in the other two Rules were granted to the complainant regarding enhancement of sentence. They relate to two cases for infringement of trade mark held by Messrs. Lever Brothers (India) Ltd. in respect or a soap known as "Sunlight" manufactured by them. The accused petitioners, it was alleged inter alia, were making the soap "Sunright" with a false trade mark and using wrappers also with false trade mark thereon in a manner reasonably calculated to cause it to be believed that the soaps had connection with the firm Lever Brothers (India) Ltd. although they did not have any such connection at all.

(2.) The case against the accused and the objections raised will be discussed hereafter.

(3.) The right of Lever Brothers to the trade mark (Sunlight) and the wrappers of Sunlight is unquestionable.