Ajit Kumar Sengupta, J. - (1.) The Brooke Bond India Ltd., the plaintiff herein, hereinafter referred to as the "Brooke Bond" has filed this suit for infringement of trade mark and passing off against the defendant, K. Manibhai & Co. In the said suit an application has been made for appointment of Receiver and for injunction.
(2.) The case of the plaintiff is that the plaintiff is a well-known company carrying on business of manufacturer and seller of tea boll in India as well as abroad. It is claimed that one of the well known trademarks and levels of the Brooke Bond contains as the permanent feature the words "Red Label" having a distinctive style and get-and colour scheme of red and yellow. The said trade mark and, label is primarily used by the Brooke Bond for export of in which are exported cartons and packets with such distinctive style get-up and colour scheme of red and yellow. The Brooke B also exports tea in the Arabian Gulf countries (hereinafter referred to as "Gulf States"). It is alleged that the plaintiff has been exporting tea in the said distinctive packets and/or cartons to the Gulf States for the last 17 years and is a major the exporter from India to those areas.
(3.) The Brooke Bond is claiming distinctiveness and a reputation in the entire get up colour and style. It is alleged that the said trade mark and/or label contains the following distinctive feature:- a) Distinctive Colour scheme of red and yellow with a yellow outline border and a near yellow outline. b) The words "Pure Indian Tea" in red over a yellow brand across the main panel ; c) Writing in Arabic of the words "Red Lebel" in regard to the tea export to the Gulf countries.;