2011 (10) TMI 719

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....PARUL‟S" and „LORD‟ i.e. to read "PARUL‟S LORD KRISHNA"; all 3 words having same font and prominence and not that the words "PARUL‟S" and „LORD‟ having a font so small that only the word „KRISHNA‟ catches (the eye due to its prominence), application filed by the appellant/plaintiff for interim injunction pending disposal of the suit has been disposed of by the learned Single Judge. 2. The appellant asserts that it has been in the business of manufacture and sale of ghee, milk and milk products since the year 1992 and sales have risen from `47.29 crores in the year 1997-1998 to `374.44 crores in the year 2008- 2009. Appellant asserts that it has obtained registration of the label mark ....

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.... using the word „KRISHNA‟ with 2 words prefixing the word „KRISHNA‟ being the words „PARUL‟S‟ and „LORD‟. 5. For the purposes of an interim injunction pending trial, the learned Single Judge has posed 3 questions, for purposes of taking a prima facie view, being: (a) Whether the trademark of the plaintiff has achieved secondary distinctiveness of a kind which immediately brings to mind the appellant's product? (b) Whether the plaintiff could monopolise a name ascribed to deity 'KRISHNA'? And (c) Whether a registration of a trademark obtained by a person could be a subject matter of consideration in an action for infringement of the trademark pending application filed befor....

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....lean against a deity‟s name being monopolized to the exclusion of the others. 11. Challenging the said opinion, prima facie found, learned counsel for the appellant urged that the rising sale figures of the plaintiff was determinative of the secondary distinctive meaning acquired by the trademark in question in relation to the goods in question. 12. We are in agreement with the view taken by the learned Single Judge not only for the reasons given by the learned Single Judge but the additional reason, as in the instant case, a deity may be associated with a particular kind of goods. It is common knowledge that Lord Krishna, as a child, was known for his love of milk and butter and thus Lord Krishna is closely linked with milk and....

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....le Judge has referred to various decisions guiding as to when words or part-words prefixing or suffixing a word in dispute would be relevant on the subject of a monopoly to a word of common origin. 16. The word „KRISHNA‟ was being used by the defendant with the words „PARUL‟S LORD‟ preceding the word „KRISHNA‟. 17. The learned Single Judge has rightly noted that the small font of the words „PARUL‟S LORD‟ with prominence to the word „KRISHNA‟ would disentitle the defendant to so sell its product and thus has rightly directed the defendant to print the words „PARUL‟S LORD‟ with the same prominence as the word „KRISHNA‟. It has been corr....