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1. This suit has been filed by the plaintiff against the defendants seeking reliefs of permanent injunction restraining the DABUR INDIA LTD. VS. DEEPAK & ORS.

defendant from infringing and passing off Trademark; delivery and rendition of accounts etc.

2. The case of the plaintiff, as set out in the plaint, is that the plaintiff - Dabur India Ltd. was founded in 1884 by a visionary ayurvedic doctor from Bengal - Dr. S. K. Burman. The trademark 'HAJMOLA' was adopted by the plaintiff in the year 1972. The plaintiff has been granted trademark registrations for its trade mark/label HAJMOLA and the details thereof is mentioned in para no.11 of the plaint. The plaintiff said trademark/label have strong goodwill and reputation in India within the meaning of Section 29 (4) of the Trade Marks At, 1999, the plaintiff proprietary rights both statutory and common law in its said trademark/label HAJMOLA and formative HAJMOLA devices/marks and variants, its worldwide goodwill and reputation. The plaintiff has the exclusive rights to use the trademark HAJMOLA and nobody can be permitted to use the same or any other deceptively similar trade mark/labels in any manner whatsoever in relation to any goods/services without the leave and license of the plaintiff.

As contended, the defendant no.1 applied for the registration of the trademark/label KABULI ZEERA SODA HAJMOLA ZABARDAST i.e. the impugned goods. Defendant no.2 is the manufacturer of the impugned goods under the impugned trademark i.e. KABULI ZEERA SODA HAJMOLA ZABARDAST and the defendant no.3 is the seller, solicitor, distributor of the impugned goods under the impugned DABUR INDIA LTD. VS. DEEPAK & ORS.

trademark/label at the online trade channels like INDIA MART.

It is alleged that the defendants are acting in collusion and connivance with each. The defendants are selling the impugned goods under the impugned trademark/label which is also an infringment of the plaintiff's brand 'Hajmola under Section 29 (8) of the Trade Marks Act, 1999. The plaintiff therefore filed present suit against the defendants praying therein, inter alia, that decree of permanent injunction may be passed restraining the defendant its partners, agents, representative, distributors, assigns, heirs, successors, stockists and all other acting for and on their behalf from manufacturing, soliciting, marketing, importing, using, exporting, selling, displaying, distributing, advertising or in any manner dealing in or selling or using the impugned trade mark/ label and or any other word mark/ logo/ shape which may be identical with and/ or deceptively similar to the plaintiff's trade mark/label and in relation to similar goods, thereby infringing Plaintiff's registered trademarks, copyright and passing off their products as that of the plaintiff.

(5) Readily available sales figures related to the plaintiff's product under the trademark Hajmola as Ex.PW1/5.
(6) Newspaper reports related to the Hajmola of the plaintiff as Ex.PW1/6.
(7) Advertisements related to the brand Hajmola of the plaintiff as Ex.PW1/7.
(8) Status of the defendant no.1's trademark application under no.4621660 in class 32 as Ex.PW1/8.
(9) FSSAI report showing defendant no.2's address as Ex.PW1/9.
(10) Document related to defendant no.3 as Ex.PW1/10.

agents, representatives, distributors, assigns, stockiest, dealers, retailers and all other acting for and on its behalf from manufacturing, marketing, selling, using, supplying, soliciting, displaying, advertising, importing/exporting directly and indirectly dealing in with the impugned trademark/label KABULI ZEERA SODA HAJMOLA ZABARDAST and/or any other trademark and/or other label/trade-dress/packaging identical with or deceptively similar to the plaintiff's trademark/label/trade-dress/packing HAJMOLA and other formative trademarks/labels and variants of HAJMOLA in relation to for the goods Soda Drinks, Digestive drinks, syrups, preparations etc. and allied and cognate goods in Class 32 of the Scheduled Goods under the Trade Marks Act, 1999, digestive goods and related/allied/cognate goods or from doing any other acts or deeds amounting to infringement of plaintiff's registered label/trade-dress, copyright and passing of their products as that of the plaintiff.