MANAGEMENT

OF
INTELLECTUAL
PROPERTY
Rohit Saxena
1402130

M/S Marvel Tea Estate India

Ltd
v/s
M/S Nusun Genetic Research
Ltd
2 July, 2012

Plaintif

M/S MARVEL TEA ESTATE INDIA LTD

Defendant M/S NUSUN GENETIC RESEARCH LTD

The plaintiff seeking interim injunction restraining the infringement of trade mark, rendition of
account against the defendant from in any way using the word "Marvel" from marketing,
selling, offering for sale, advertising directly dealing in goods Hybrid Rice or use the same with
any prefix amount to infringement of plaintiffs trade mark.

CASE:
The plaintiff is part of Marvel Group of Companies engaged in the business of manufacturing
and marketing of goods like tea, soaps, detergent, bleaching preparation, bearing the trade
mark Marvel.
The trademark was adopted and conceived the said trade mark Marvel in the year 1994. In the
application it is averred that the plaintiff had come to know the illegal trade of the defendants
goods. Defendant was using the trade mark "Nusun Marvel" in their goods and the same were
being sold and no formal billing was made.
It is further averred in the application that the plaintiff conducted a public search on the web
site of the Trade Marks Registry and thereafter it was revealed that defendant had applied for
registration of trade mark Nusun Marvel on 2nd June, 2009 vide application No. 1824521
wherein the defendant has claimed to be an user since 1st June, 2005.
The plaintiff further states that the defendant by adopting plaintiffs trademark is causing a loss
to the good will of the plaintiffs reputation. It is also causing a deception in the minds of the
general public and thereby creating confusion amongst them. It is also alleged by the plaintiff
that plaintiffs goods and defendants goods are so deceptively similar and thus it is creating a
confusion amongst the general consumers. The plaintiffs business and defendants business are
similar. Therefore, an order of injunction is sought by the plaintiff to restrain the defendant from
using the impugned trademark "NUSUN MARVEL".

RESULT:
Having regard to all these circumstances, the present application is allowed. Thus, till the
disposal of the present suit, the defendant is hereby restrained from manufacturing, selling,
offering for sale, advertising, directly or indirectly.
As may be identical with and/or deceptively and confusingly similar to the plaintiffs registered
trade mark "MARVEL" which results in infringement of trade mark of the plaintiff so as to pass
off or enable others to pass off the defendants goods/product and/or business and/or services as
and for the goods/products/business and service of the plaintiff and/or some way connected
with the plaintiff.
The defendant is granted six months time to dispose of the existing material, if any, bearing the
trademark NUSUN MARVEL.

M/S. South India Beverages

Pvt.
v/s
General Mills Marketing Inc.
13 October, 2014

Appellant

M/S. SOUTH INDIA BEVERAGES PVT. LTD.

Respondents

GENERAL MILLS MARKETING INC. & ANR.

CASE:
Appellant - the defendant in the suit, assails the order dated July 23, 2014, allowing the
application filed by the respondent - plaintiff an interim injunction against the appellant
restraining the appellant from using the mark 'D'DAAZS' or any other mark deceptively
similar to that of the respondent - plaintiff's trade mark 'HAAGEN-DAZS' in relation to ice
cream.
RESULT:
In light of the extensive reasons as highlighted in the case, we are of the considered view
that no interference is called for with the impugned order passed by the learned Single
Judge. Consequently, the present appeal is dismissed. However, there shall be no order
as to costs.
We postpone the date of operation of the interim injunction against the appellant for a
period of 30 days from the date of the present decision to enable the appellant to
exhaust its existing packaging material and print/manufacture new packaging material.