Susanto Mittra Vs. Radha Krishna Plastic and ors. - Court Judgment

Excerpt:
- patherya, j.1. in a suit for infringement of the registered trade mark 'everlite' and the petitioner's copyright in the artistic work including design this interim application has been filed for reliefs.2. the case of the petitioner is that it is registered in class 11 of the trade marks act, 1999 and is entitled to use the trade mark 'everlite super' on its products. it also has a copyright in the artistic work and design. by virtue of section 28 of the trade marks act, 1999 it is entitled to exclusive user and the respondents by manufacturing products similar in design to that of the petitioner have infringed the design of the petitioner so also the copyright in the artistic work. the respondents by using the word 'ever' in respect of its products has infringed the petitioner's trade mark. hence this application has been filed and orders sought.3. no notice of this application has been served on the respondents as the petitioner apprehends steps prejudicial to its interest being taken by removal of goods.4. having considered the facts of the case as the petitioner is registered in class 11 under the trade marks act, 1999 the petitioner is entitled to exclusive use of the trade name 'everlite'. by virtue of having a copyright in the artistic work and in the design the petitioner is also entitled to exclusive use under the copyright act, 1957 and designs act. the respondents by manufacturing products similar to that of the petitioner have infringed the petitioner's trade mark including the copyright and design of the petitioner. in view of such infringement the petitioner is entitled to an order in terms of prayer (d) of the notice of motion. the respondents are also restrained from infringing the petitioner's registered trade mark 'everlite' by using the word 'ever' as a prefix to their trade mark. this order is passed as from a look at the product of the respondents the name of the manufacturer is lacking. this interim order will continue till 24th august, 2009.5. mr. ranjan sinha, advocate, 1st floor, bar library club is appointed receiver at an initial remuneration of 300 gms to make an inventory of the stocks in trade including the machinery of the respondents lying at its place of manufacture. the receiver will file his report on the next date of hearing.6. matter to appear in the list on 20th august, 2009.7. receiver and all parties to act on a xerox signed copy of this order on the usual undertakings.