SUSANTO MITTRA Vs. RADHA KRISHNA PLASTIC

JUDGEMENT

(1.) In a suit for infringement of the registered trade mark "EVERLITE" and the petitioner's copyright in the artistic work including design this interim application has been filed for reliefs.

(2.) The case of the petitioner is that it is registered in class 11 of the Trade Marks Act, 1999 and is entitled to use the trade mark "EVERLITE SUPER" on its products. It also has a copyright in the artistic work and design. By virtue of Section 28 of the Trade Marks Act, 1999 it is entitled to exclusive user and the respondents by manufacturing products similar in design to that of the petitioner have infringed the design of the petitioner so also the copyright in the artistic work. The respondents by using the word "EVER" in respect of its products has infringed the petitioner's trade mark. Hence this application has been filed and orders sought.

(3.) No notice of this application has been served on the respondents as the petitioner apprehends steps prejudicial to its interest being taken by removal of goods.