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Judgment
Manmohan Singh, J.
I.A. No. 18065/2011 (for exemption)
The original documents be filed before admission/denial of the same.
The application is disposed of.
CS (OS) No. 2810/2011
Let the plaint be registered as a suit.
Issue summons to the defendants, on filing of process fee and registered A.D. covers within a week, returnable on 22.12.2011.
I.A. No. 18064/2011 (u/o XXXIX, R.1 and 2 CPC)
Issue notice to the defendants, returnable on the same date, i.e. 22.12.2011.
The case of the plaintiffs is that they have been using the trade mark ''FROOTI'' for the last 26 years. Plaintiff No. 1 is holding the registration of the said trade mark ''FROOTI'' in Class 29 and 32. The trade mark ''FROOTI'' is being used in the characterized style. The plaintiffs have also the copyright of the artistic work of the said trade mark within the meaning of Section 2(c) of the Copyright Act, 1957. The allegation against the defendants is that they are using the above said trade mark ''FROOTI'' in relation to bread in the same fashion. In view of the unique goodwill and reputation, the trade mark ''FROOTI'', it appears prima-facie that the mark in question comes within the meaning of a well-known trade mark u/s 2(zg) of the Trade Marks Act, 1999 and is further protectable u/s 29(4) of the said Act as far as the case of infringement is concerned, through, the plaintiffs have also made a classic case of passing off.
On the basis of the averments made in the plaint and the documents placed on the file, the plaintiffs have been able to make out a strong prima facie case for grant of an ex parte ad-interim injunction. Hence, till the next date of hearing, the defendants are restrained from using the trade mark ''FROOTI'' or any other mark deceptively similar to that of the plaintiff, in relation to the bread or any other allied or cognate goods as used by the plaintiffs.
Compliance under Order 39, Rule 3 CPC be made within four days.