NATIONAL SOAP MILLS Vs. AMAR SOAP FACTORY BASSI

JUDGEMENT

(1.) THIS revision petition has been directed by the plaintiff M/s National Soap Mills against order dated 8.9.1990 passed by Additional District Jude, Ludhiana, whereby he held that the suit of the petitioner (plaintiff) as far as infringement of the copy right is maintainable but not with regard to the infringement of trade mark.

(2.) AGGRIEVED by the said order the plaintiff has filed the present revision petition.

(3.) BRIEFLY stated the facts are that the petitioner firm is a registered owner of the trade mark 'Raj Soap'. It is having copy right registration No. A- 27628/80 dated 2.5.1980. It had been using the trade-mark 'Raj Soap' since 1963 and had spent a huge amount for sale promotion of the Raj Soap through various agencies. On account of long standing better sale promotion activity, superior quality the trade mark 'Raj Soap' is enjoying available goodwill, reputation in the market and it has become quite distinctive of the goods of the petitioner firm and none else.