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Showing contexts for: basmati in Lt Foods Ltd. vs Sunstar Overseas Ltd. & Anr on 30 March, 2012Matching Fragments
6. Case of the plaintiff in CS(OS) No.612/2009
a) That the plaintiff is in the business of processing, marketing and exporting rice and has a strong network of distribution in all major basmati CS (OS) Nos.612/2009, 639/2009 & 653/2009 Page No.3 of 45 consuming cites in India as well as in 43 countries across the globe. The plaintiff sells rice under various trademarks such as DAAWAT, DAWAT, HERITAGE, ORANGE, DEVAAYA, CHEF‟S SECRET etc. In the year 1997, the plaintiff adopted the trademark "HERITAGE" and has been using it extensively since then. The trademark "HERITGE" of the plaintiff has been registered vide registration No.799246 as of 20.04.1998 in class 30 and the said registration is valid and subsisting.
Marks & Nos. - INDIAN HERITAGE
SELECT
(iv) Invoice No. & Date - SAS/Rice/95-96/006
10th June, 1995
Place of receipt - N.A.
Marks & Nos. - INDIAN HERITAGE
SELECT
(v) Commercial Invoice No. & Date - SAS/Rice/95-96/060
9th October, 1995
Place of receipt - N.A.
Marks & Nos. - INDIAN HERITAGE
SELECT
(vi) Commercial Invoice No. & Date - SAS/Rice/95-96/158
19th February, 1996
Place of receipt - Ludhiana CY
Marks & Nos. - INDIAN HERITAGE
SELECT
(vii) Commercial Invoice No. & Date - SAS/Rice/95-96/183
7th March, 1996
Place of receipt - Ludhiana CY
Marks & Nos. - INDIAN HERITAGE
SELECT
(viii) Combined Transport Bill of Lading No. - KROK-0040
Place of receipt - ICD, Ludhiana
Marks & Nos. - INDIAN HERITAGE
SELECT
(ix) Bill of Lading No. - DEL-526
Place of receipt - ICD, (TKD), N. Delhi
Marks & Nos. - INDIAN HERITAGE
SELECT
CS (OS) Nos.612/2009, 639/2009 & 653/2009 Page No.14 of 45
(x) Invoice No. & Date - SAS/Rice/96-97/095
23rd August, 1996
Place of receipt - ICD, Ludhiana
Marks & Nos. - INDIAN HERITAGE
SELECT
(xi) Commercial Invoice No. & Date - SAS/Rice/99-2000/48
28th October, 1999
Place of receipt - Ludhiana
Marks & Nos. - INDIAN HERITAGE
SELECT
(xii) Bill of Lading No. - SKHS/DEL/HAM-781
Port of Lading - ICD/Ludhiana
Marks & Nos. - BASMATI RICE
(xiii) Bill of Lading No. - (not legible)
Port of Lading - NSICT
Marks & Nos. - BASMATI RICE
(xiv) Bill of Lading No. - KDL/DXB/2003-04
Place of receipt - (not legible)
Marks & Nos. - INDIAN RICE
(xv) Invoice No. & Date - SRML/RICE/03-04/13
21st May, 2003
Place of receipt - N.A.
Marks & Nos. - INDIAN HERITAGE
SELECT
(xvi) Bill of Lading No. - KDL/DXB/2003-04
Place of receipt - (not legible)
Marks & Nos. - INDIAN RICE
(xvii) Invoice No. & Date - SRML/RICE/04-05/3
15th April, 2004
Place of receipt - ICD, Amritsar
Marks & Nos. - INDIAN HERITAGE
SELECT
(xviii) Invoice No. & Date - PFPL/RICE/80/05-06
23rd February, 2006
Place of receipt - ICD, Ludhiana
Marks & Nos. - INDIAN HERITAGE
SELECT
CS (OS) Nos.612/2009, 639/2009 & 653/2009 Page No.15 of 45
(xix) Invoice No. & Date - PFPL/RICE/13/06-07
19th June, 2006
Place of receipt - ICD, Ludhiana
Marks & Nos. - INDIAN HERITAGE
SELECT
(xx) Invoice No. & Date - PFPL/RICE/07-08/20
3rd December, 2007
Place of receipt - ICD, Ludhiana
Marks & Nos. - HERITAGE SELECT &
KITCHEN KING
(xxi) Invoice No. & Date - PFPL/RICE/08-09/13
19th June, 2008
Place of receipt - ICD, Ludhiana
Marks & Nos. - INDIAN HERITAGE
SELECT
27. As already mentioned, copies of 21 invoices filed by the defendant alongwith affidavit about the prior user claimed has been challenged by the plaintiff from very beginning. As per plaintiff‟s case, these are manipulated, forged and fabricated claims. The plaintiff in order to support its claim, filed attested copies of three invoices by Customs Department out of 21 invoices which show that the trade marks mentioned in three invoices are either Indian Basmati or Super or Kichen King brand and not mark HERITAGE as shown in the same very invoices filed by the defendants alongwith affidavit.
(b) The marks and Nos. in the invoice procured from the office of Customs Department read as "BASMATI RICE", whereas in the CS (OS) Nos.612/2009, 639/2009 & 653/2009 Page No.24 of 45 invoice filed along with the affidavit of Mr. Vaneet Sachdeva, it reads as "INDIAN HERITAGE SELECT".
The invoice procured from the Customs Department is supported by the Shipping Bill No. 000199, the bank certificate of export and realization, the packing list and the bill of lading. Apparently, the words "BASMATI RICE" as appearing in the invoice procured from the Customs Department appear to have been replaced by the words "INDIAN HERITAGE SELECT" in the invoice filed in this Hon‟ble Court along with the affidavit of Mr. Vaneet Sachdeva. Verification of (ii) above: