HINDUSTAN UNILEVER LIMITED Vs. RAJESH JAIN

JUDGEMENT

(1.) The petitioner, being the plaintiff in a suit for infringement of trademark and passing off has filed the present application praying for, various interim reliefs against the respondent herein.

(2.) The petitioner company is a part of the Unilever Group and carries on the business, inter alia, of manufacturing, marketing and sale of various kinds of washing soaps, including detergent. It is claimed that in or around the year 1963, the petitioner company honestly and independently conceived and adopted a trade mark 'RIN', for use upon and in relation to its soaps and other substances for laundry use in India. In or around the year 1969- 1970, the petitioner commercially launched its 'RIN' detergent bar for laundry purposes. The petitioner company has obtained registration of the said logo and copies of the relevant registration certificates bearing nos. 214094, 409377, 409378, 1065244, 1325307 and 1550601 all in class 03. The petitioner has disclosed copies of the relevant registration certificates as Annexures "A", "B", "C", "D", "E" and "F" to the petition, respectively.

(3.) Apart from the said product sold under the trade name "RIN", the petitioner adopted and commenced use of the trademark 'VIM' In or around the year 1993, in relation to dishwashing soaps and/or preparations for dishwashing use. Presently, there are three products that are marketed and sold by the petitioner under the brand umbrella of VIM being, 'VIM' powder, 'VIM' bar and 'VIM' liquid (hereinafter referred to as "the said VIM goods"). The petitioner is also the registered proprietor of several trademarks in respect of its products sold under the trademark "VIM". The petitioner company has secured registration of the said logo and copies of the relevant registration certificates bearing nos. 87122, 245627, 649646, 652464, 839123, 1215192 and 1926435 all in class 03 reflecting the respective logo have been disclosed as Annexures "H", "I", "J", "K", "L", "M" and "N" to the petition, respectively.