HINDUSTAN UNILEVER LIMITED Vs. AVADH KISHOR SAHA

JUDGEMENT

(1.) The petitioner, as the plaintiff in a suit for infringement of trademark and copyright 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 detergents. The petitioner company claims that in or around 1963 the Petitioner honestly and independently adopted a trade mark "RIN" for use upon and in relation to its soaps and other substances for laundry use in India. The petitioner Company secured registration of the word trademark and label mark "RIN" under the Trade and Merchandise Marks Act 1958. Copies of the relevant registration certificates bearing nos. 214094,409377 and 409378all in class 3 have been disclosed in the Petition as Annexures "A", "B", "C", "D" and "E", respectively.

(3.) Apart from the said detergent "RIN" sold by the petitioner, the petitioner company also manufactures and markets another variant of detergent powders under the trade name "WHEEL". The petitioner company also manufactures and sells another premium version of the said "WHEEL" brand known as "ACTIVE WHEEL". The petitioner has got a unique trade mark label/sachet bearing original artistic work, get up and lay out to market their detergent bearing the trade name "ACTIVE WHEEL" containing swirl device and prominent display of lemons along with white jasmine flower covering the border of the label with the trademark "ACTIVE WHEEL" appearing on the centre of the label and the device of "WHEEL" on the lower right hand end of the label. By virtue of the Deed of Assignment of Copyright dated September 20, 2012 executed by the firm of commercial artists who created the painting and the artistic work, get up and lay out of the labels/ packages of said product "ACTIVE WHEEL", the petitioner has become the owner of the copyright in the painting and artistic work used in the labels/wrappers for packaging of the detergent powder "ACTIVE WHEEL". The said Deed of Assignment of Copyright dated September 20, 2012 has been disclosed in the Petition as Annexure "G". The petitioner is also the registered proprietor of several trademarks with respect of their products "WHEEL" and "ACTIVE WHEEL". It is further claimed that the detergent powder sold by the petitioner under the trademark "ACTIVE WHEEL" in the labels/packets have a distinctive style, get up and colour scheme and the said detergent "ACTIVE WHEEL" has acquired substantial reputation and goodwill in the entire country and the said labels/packets with its unique feature have become distinctive product of the petitioner. It is claimed that the petitioner is the registered proprietor of several trade marks with respect to its "WHEEL" and "ACTIVE WHEEL" products. The petitioner company also claim to have advertised the trademarks "RIN" as well as "WHEEL" and "ACTIVE WHEEL" through diverse media, including magazine, television and radio, sponsoring events etc. etc. The petitioner claims that their said goods bearing the trade marks "RIN" and "ACTIVE WHEEL" with the respective labels/packaging have acquired a substantial reputation and goodwill in the market and the said labels with the unique textures have become distinctive of the products of the petitioner. The petitioner has also disclosed the net proceeds of sales and the advertisement expenses incurred in respect of their products, including labels/packaging of their product "RIN" as well as that of "WHEEL"/ "ACTIVE WHEEL".