PIDILITE INDUSTRIES LIMITED Vs. S M ASSOCIATES

JUDGEMENT

(1.) THE plaintiff has filed this suit to restrain the first defendant from infringing its copyright in its artistic work and its registered trade mark "m-Seal" and for passing off.

(2.) FROM 1968 Mahindra Van Wijk and Visser Ltd. commenced use of the trade mark M-Seal in respect of its goods. On 21st September, 1970, one K. E. Motiwala, a partner of defendant No. 1 was employed as an Engineer by Mahendra Van Wijk and Visser Limited, which was later named as Mahindra Electrochemical Products Ltd. (M. E. P. L. ). M. E. P. L. applied for and obtained with effect from 16-8-1972 registration of the trade mark "m-Seal" (lable mark) under Registration Nos. 282, 168 in Class I in respect of epoxy resin compositions included in Class I used for cementing cracks, holes, leaks and similar defects in metal articles and for other technical purposes. The certificate stated that the registration shall give no right to the exclusive use of the word "seal". The mark was also stated to be associated with No. 282, 169. The registration of the said mark is valid and subsisting having been renewed upto 16th August, 2007. M. E. P. L. merged with Indian National Diesel Engine Co. Ltd. pursuant to an order passed by this Court on 20th April, 1978. The name Indian National Diesel Engineering Co. Ltd. was changed to Mahendra Engineering and Chemical Products Limited (M. E. C. P. L.)On 18th December, 1980, K. E. Motiwala resigned from and on 11th November, 1982 he rejoined M. E. C. P. L. From 1987, the plaintiff started using continuously and extensively cartons in respect of the goods, the artistic work whereupon was created by an artist in the employment of Everest Advertising Pvt. Ltd. engaged by M. E. C. P. L. The plaintiff claims to be the assignee of the trade mark and the copyright of the artistic work. I shall refer to the same later. In 1988 K. E. Motiwala was appointed as a Director on the Board of Kliptronic Components Pvt. Ltd. On 19th January, 1990 K. E. Motiwala resigned from M. E. C. P. L. on 30th January, 1990 his resignation was accepted by M. E. C. P. L. Thus, for a short duration he was an employee of M. E. C. P. L. as well as a Director of Kliptronic Components Pvt. Ltd.

(3.) THE association of Motiwala with the plaintiffs predecessors was thus substantial, indicating his knowledge of and familiarity with the said trade mark and copyright.