SUNSHINE SOAP AND Vs. LEVER BROTHERS INDIA LTD.

JUDGEMENT

(1.) THIS is an appeal from the decree of Shri Purshotam Sarup, Subordinate Judge, 1st class, Delhi, in a suit brought by Lever Brothers (India) Limited, (Plaintiffs -Respondents) against Messrs Sunshine Soap and Candle Works, (Defendants -Appellants) to restrain infringement of trade mark and passing off.

(2.) THE Plaintiffs are a Joint Stock Company incorporated under the Companies Act, VII [7] of 1913, and have their registered office at Bombay. They carry on the business of manufacturing and selling soaps. They have large factories at Bombay and Calcutta and soaps manufactured by them have been sold in all parts of India including Delhi for several years past.

(3.) AMONG the soaps manufactured by the Plaintiffs and sold for the last several years in Delhi and elsewhere in India is a brand called "Sunlight Soap." The "Sunlight Soap" has till lately been sold in Delhi and elsewhere in India in cartoons of distinctive get -up. The "Sunlight Soap" is at present sold in four colour -printed -waxed wrappers with distinctive panelling and get -up. The wrappers have a yellow background and round the four edges of the wrappers runs a blue white and red border. Below the top border is a dark blue band which runs through the entire length and in which the word "SUNLIGHT" is printed in bold white letters. Below the dark blue band and in the centre there is a scroll or curved band in red contabling the word "SOAP" printed in bold white letters with dark blue borders. On the right side of the rod scroll or curved band and below the dark blue band is a picture of a woman on an oblong background. Below the red scroll or curved band there is a horizontal dark blue strip with lettering thereon in white and below the dark blue strip there is a horizontal strip with the word "GUARANTEED" in red and the other printed matter in dark blue. In the left hand bottom corner, there is a sector with printed matter in blue referring to a reward of Rs. 10,000. The tablets of soap contain on one side the words ".SUNLIGHT SOAP," one below the other in relief indented within a rectangular base, the word "SUNLIGHT" appearing in a curve above the word "SOAP". On the other side of the tablet appear the following words in relief indented within a rectangular base: "GUARANTEED FREE FROM ANY HARMFUL ADULTERANT WHATSOEVER". Plaintiff pleaded that by reason of the intrinsic value of the Sunlight soap, the care and skill exercised by them in the manufacture and marketing of the said soap and of the moneys and labour expended by them in advertising and promoting the sale of the same in India for several years up to the date of the suit, the "SUNLIGHT SOAP" has become well known and popular all over India including Delhi as soap of the Plaintiffs' manufacture and commands large sale. The case states that the "Sunlight Soap is recognised by merchants and purchasers by the get -up or appearance of the soap, and by the paper wrapper in which it is wrapped and sold as aforesaid, such wrapper label or trade mark denoting soap exclusively manufactured and sold by the Plaintiffs. On these facts the Plaintiffs maintain that they are entitled to the exclusive use of the get -up or the appearance of the cakes of soap, the get -up of the wrappers and the trade mark or trade name "SUNLIGHT" and that no other person or firm or company, is entitled in any way to that use in connection with soap.