ASHIS KUMAR CHAKRABORTY,J. - (1.) In a suit for infringement of trade marks and copyright the plaintiff has filed the present application seeking for various interim relief against the defendant.
(2.) The plaintiff company carries on the business of manufacturing, marketing and sale of various kinds of washing soaps, including detergent. The plaintiff claims to be the registered proprietor of the word trade marks "EXCEL" with respect to all goods in class 3.
(3.) The plaintiff has in a bona fide manner adopted a unique, artistic and distinctive logo for use upon and in relation to its detergents and like goods under brand "SURF EXCEL" (hereinafter referred to as "the said logo") with a view to distinguish the said goods from those of others as well as inter-se. The said logo potrays the device of a splat created by a drop of liquid on a hard surface with five appendages stemming out from its core, spreading towards different directions. The said appendages are wider at the periphery and narrower towards the core of-the said splat. The appendage at the centre left position of the said splat is of the smallest in size, while the appendage at the bottom right of the said splat is the biggest in size. The other three appendages are of almost equal size. The said logo is predominantly used by the plaintiff in the combination of either orange and green or pink and orange, upon and in relation to its "SURF EXCEL" range of goods packed and/or sold inter alia in artistic packaging/under artistic trade dresses. A representation of the plaintiffs said logo shown in the combination of orange and pink is disclosed as Annexure "A" to the petition. The plaintiff has secured registration of all the said logo under the Trade Marks Act , 1999 and the relevant registration certificates have also been disclosed in the petition as Annexures "B", "C", "D" and "E", respectively. The registration of the first trade marks, bearing registration no. 1486109 is limited to colours orange and pink and registration of the fourth trade marks, bearing registration no. 1486107 is limited to colours green and orange. However, the second trade marks is registered without any disclaimer or condition.;