SOUMEN SEN,J. - (1.) This is an action for infringement of trademark of the Petitioner No. 1 by twenty entities who are disclosed and identifiable and against the rest who are fictitious persons. As against them a "John Doe" order has been prayed for.
(2.) The plaintiff No. 1 is the registered proprietor of the trade mark "CORNETTO". It is stated that a large quantity of frozen desserts/ice cream has been sold in India under the said trade mark "CORNETTO" by reason whereof the said mark has become very well-known and has become distinctive of the products of the petitioners. The frozen desserts/ice cream of the petitioners sold under the trade mark "CORNETTO" have acquired a substantial reputation and goodwill in the market. The petitioners have also given the figures of the All India annual sale of products of the petitioner companies under the "Kwality Walls" brand including "CORNETTO" and expenses incurred in advertising of these frozen desserts/ice creams.
(3.) Mr. Ratnanko Banerji, learned Senior Counsel appearing on behalf of the petitioners submits that in the months of June and July, 2018 in course of market surveys and investigations carried out by the petitioners across Southern, Eastern and North Eastern India, it was found that the respondent nos. 1 to 20 were manufacturing, selling and distributing frozen desserts/ice creams under the marks "CORNETTO" and/or "CONATTO" which are identical and/or deceptively similar to the Trade Mark under which the Petitioners' product "CORNETTO" is sold and distributed in India. Mr. Banerji further submits that subsequent to coming across the aforesaid information, the Petitioners, upon making further enquiries and analyzing the packaging material being used by such persons/entities, have come to learn that although the said persons/entities are operating in different locations, the packaging materials are being supplied to them by common sources. The outer wrappers or top covers/lids or a combination thereof being used by the said persons/entities to sell impugned goods indicate that there is a link between all the said persons/entities and they have a common interest in riding on the goodwill and reputation of the Petitioner No. 1's "Cornetto" trademark. Mr. Banerji submits that the persons/entities whose identities the Petitioners have been able to ascertain have been arrayed as Respondent Nos. 1 to 20. The Petitioners as yet have not been able to ascertain the identities of the common printers and/or manufactures and/or suppliers of the packaging material being used by Respondent Nos. 1 to 20 and such persons are being impleaded as Respondent nos. 21 to 24 by the name 'Ashok Kumar'. It is submitted that upon the identities of such Respondents being known, the name 'Ashok Kumar' will be substituted by the real name of the Respondent and such Respondent will be impleaded through his/her real name.;