Single judge decreed a suit for infringement and passing off where defendants used tea marks identical to plaintiffs' registered trade mark and artistic work, holding that the suit was maintained despite non-pressing of damages.
Suit decreed in terms of prayers (a), (b), (c), (d) and (i). Costs to be quantified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.4201 OF 2000
Hasmukhrai & Company ....Plaintiffs V/s. M/s.Shree Ashapura Tea Centre Hasmukh Tea ....Defendants
Mr.Darius Dalal with Mr.T.N. Daruwalla i/b J.G. & Billimoria & Daruwalla for the Plaintiffs.
None for the Defendants.
CORAM : S.J. VAZIFDAR, J. DATE : 22ND JUNE, 2011.
P.C. :-
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on 24.9.1986. The plaintiffs are also the registered proprietors of the trade mark for their carrier bags bearing the same mark/words. The plaintiffs introduced tea pouches/packets bearing a distinctive get up, colour scheme and arrangement which is described in paragraph 5 of the plaint. The plaintiffs have also listed their various trade marks a dominant part whereof contains the words ”Hasmukhrai & Co.’s Hasmukh Tea” They are the owners of the original artistic work contained in the label and logos which are also registered. The extracts from the Registrar of Copyright are also produced.
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ISSUES
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shown in Exhibits “I-2”, “J-2”, “K”, “L”, “M-1” & “M-2” so as to pass off or likely to pass of and/or enable others to pass off their preparations under the trade marks “HASMUKH” and/or “HASMUKH TEA CENTRE” and/or “HASMUKH CHAI” and/or “HASMUKH CHAHA” and the get-up complained of as and for the Plaintiffs preparations sold under their trade mark “Hasmukhrai & Co.’s HASMUKH TEA”.
Even the artistic work adopted by the defendants is deceptively similar to the plaintiffs’ work - a red band with two horizontal white line at the top and bottom to just inside red band and the device of a yellow semi circle above the red band with prisms on the circumference. The addition of the device of three tea leaves in the semi circle by the defendants makes
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no difference. A mere glance at the two works establishes that the defendants have slavishly imitated the plaintiffs’ work.
3 issues framed by the court
Whether the plaintiff is the registered proprietor of the trade mark
Whether the defendants infringed the registered trade mark by using deceptively similar marks.
Whether the defendants were passing off their goods under marks deceptively similar to the plaintiff's trading style.
1 provisions across 1 enactments
M/s. Shree Ashapura Tea Centre
S.J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
