S. Banerjee, J. - (1.) The parties jostle for more leg -space on the Ayurveda bandwagon as it chugs its way to the Occident with its load of mystique and oriental herbs and spices. The plaintiff asserts its exclusive right over the word mark "Ayur" on the strength of a black and white label registration showing the word "Ayur" in an unremarkable font with an elliptical band around it. Such label is registered in many classes. The word mark "Ayu" is registered in favour of the plaintiff in class 5 covering medicinal and like products. On the strength of the word "Ayur" being the most prominent part of the plaintiff's label registrations and its proprietary right to the word "Ayu", the plaintiff seeks to stop the defendant's use of any trademark carrying any part of either word over which the plaintiff claims exclusivity.
(2.) Both parties are substantial. The plaintiff's impressive sales figures and advertisement expenses are matched by the defendant's substantial reputation and noticeable presence in the market. The plaintiff complains of the defendant's use of the marks "Ayucare", "Ayurcare", "Himani Ayurdhara" and "Himani Ayucare".
(3.) The plaintiff's marks are registered for divers goods in Australia, Nepal, New Zealand, South Africa, the United Arab Emirates and the United Kingdom. The plaintiff's complaint comes upon the defendant's application for registration of its said marks in classes 3, 5 and 42 being published in the trademarks journals covering medicinal preparations, sanitary, cosmetic and beauty -care products.;