Deceptive similarity in soap wrapper get-up justified interim injunction, with composite-suit relief upheld despite territorial jurisdiction objection.

The defendant's numeral mark and wrapper were found prima facie deceptively similar to the plaintiff's well-known soap wrapper, having regard to the get-up, colour scheme, layout and lettering arrangement, and were likely to confuse consumers in trade. On that basis, the Court held that interim protection was warranted for infringement of the registered trade marks and copyright, as well as passing off. It further held that, in a composite suit, its undisputed jurisdiction under Section 62(2) of the Copyright Act, 1957 enabled it to grant interlocutory relief covering the trade mark and copyright claims despite the territorial jurisdiction objection. Interim injunction restraining manufacture, sale, advertising and dealing in the impugned goods was granted.

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Issues: Whether the plaintiff was entitled to an interim injunction restraining the defendant from using the impugned mark and wrapper, and whether the Court could grant such relief in a composite action notwithstanding the objection to territorial jurisdiction on the trade mark and passing off claims.

Analysis: The defendant's use of the numeral mark and wrapper was found to create an overall deceptive similarity with the plaintiff's well-known soap wrapper, having regard to the get-up, colour scheme, layout and arrangement of lettering. The similarity was held likely to cause confusion in the course of trade and, prima facie, to amount to infringement of the registered trade marks and copyright as well as passing off. On jurisdiction, the Court held that in view of its undoubted jurisdiction under Section 62(2) of the Copyright Act, 1957, it could grant interim relief covering the trade mark and copyright aspects of the composite suit at the interlocutory stage.

Conclusion: The plaintiff was held entitled to interim protection, and the injunction restraining the defendant from manufacturing, selling, advertising or dealing in the impugned goods was granted.

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