C.S. No. 1024 of 2010. Case: Aravind Laboratories Vs R. Balamukundam. High Court of Madras (India)

Case NumberC.S. No. 1024 of 2010
CounselFor Appellant: Gladys Daniel, Adv.
JudgesP. Kalaiyarasan, J.
IssueCivil Procedure Code
Judgement DateMarch 23, 2017
CourtHigh Court of Madras (India)


P. Kalaiyarasan, J.

  1. The suit has been filed seeking permanent injunction restraining the defendant and their men from manufacturing, selling, advertising and selling using the Trade Mark "EYELEYE" upon the products and or in any media and use the same in "Medicines for Human purpose" or by using any other Trade Mark which is visually, phonetically, deceptively similar to the plaintiff's registered Trade Mark "EYETEX" or in any manner infringing the plaintiff's registered Trade Mark Nos. 124824, 271583 & 296914 and for a direction to the defendant to surrender to the plaintiff, all the packing material, cartons, advertisement materials and hoardings, letter-heads etc. and render accounts of profits made by them by use of the Trade Mark "EYELEYE" on the goods.

  2. Brief Facts: The plaintiff and its predecessors in title are manufacturers and marketers of cosmetics for over 65 years. The plaintiff is engaged in manufacturing and marketing Kajal, Kumkum, Eye Liners, Mascaras, Lip Sticks, Compacts and other cosmetics used by women. In order to market its cosmetics, the plaintiff conceived and adopted the unique Trade Mark "EYETEX" along with the coined word "EYETEX", the plaintiff also adopted the picture of the left eye with the word "EYETEX" written in black bold capital letters. The plaintiff obtained statutory protection for its Intellectual Property Rights in the Trade Mark "EYETEX" by getting the Trade Mark "EYETEX" along with the device registered under the Trade Marks Act 1940.

  3. The plaintiff is also having various registered Trade Marks for other products manufactured by them and the same have also been registered. All the partners of the plaintiff firm are the joint proprietors of the above mentioned registered Trade Marks. The plaintiff has been exclusively associated with the Trade Mark and the product of the plaintiff has been received well by the trade and the public and has been constantly increasing in popularity over the years. The turnover of the product of the Trade Mark "EYETEX" has raised from Rs. 11.44 Crores in the year 1998-99 to Rs. 31.35 Crores in...

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