- (1.) The plaintiffs have filed the instant suit seeking reliefs on account of infringement of trademark, passing off and infringement of copyright.
(2.) The case of the petitioners in short is stated hereinafter.
(3.) The petitioner No.1 was incorporated in 1972 and is engaged in the business of manufacturing galvanized iron sheets, asbestos, cement sheet and roofing accessories. The petitioner No.2 is a 100% subsidiary of petitioner No.1. The petitioners claim that its asbestos unit started manufacturing in 1977 and started selling asbestos sheets under the mark "Rhino" in colour scheme of red, black and white. This colour scheme was adopted in 1998 and by virtue of continuous and extensive use of mark "Rhino" by the petitioners, the same has become a well-known trademark and acquired a secondary significance. The petitioners claim that their products were marketed all over India, especially in North-East Region and Bengal. It was considered to be a well-known trademark synonymous with the petitioners. The sales of products under said trademark "Rhino" is around Rs.395 crores per annum. The petitioners also spent large amounts on advertisement and publicity. The petitioners claim that the colour scheme and the pictorial presentation of the mark "Rhino" are identifiable with the petitioners and their products only. The petitioners have obtained registration over the "Rhino" (per se) as also of "Rhino" labels and the device of "Rhino" in Class 6 and 19. The first of such registrations dates back to 10th October, 1977. The petitioners have also disclosed other certificates of registration of the mark "Rhino". All the registrations are valid and subsisting. It is argued that use of the mark "Rhino" in cognate and/or allied goods would indicate their source of origin from petitioners and none else as public associated their products with the petitioners due to long and continuous use of the same by them.;