Madras High Court
Jolen Inc vs Shobanlal Jain on 9 August, 2021
C.S.Nos.397 of 2000 and 831 of 2004
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.Nos.397 of 2000 and 831 of 2004
and
A.No.77 of 2006 in C.S.No.397 of 2000
and
A.Nos.878, 879, 880, 4095, 4321, 4322, 4323 of 2004 and 5436,
1305, 1306, 1307 of 2005 and 3163 of 2006 in C.S.No.831 of 2004
C.S.No.397 of 2000:
Jolen Inc.,
25, Walls Drive,
Fairfield,
Connecticut, USA
rep. by its Constituted Attorney
A.Arulselvan
...Plaintiff
.Vs.
1.
ShobanLal Jain
2.Hindustan Rimmer,
C-2/7, Shopping Complex,
Ashok Vihar,
Delhi – 110 052.
3.Jolen International Private Limited,
C-2/7, Shopping Complex,
Ashok Vihar,
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C.S.Nos.397 of 2000 and 831 of 2004
Delhi – 110 052.
4.Vikas Jain ... Defendants
Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
and Order IV Rule 1 of the Original Side Rules read with Sections 27,
105 and 106 of Trade and Merchandise Marks Act, 1958 and Sections
51, 55 and 62 of the Copyright Act, 1957 praying for judgment and
decree granting:
(a) an order of permanent injunction restraining the defendants,
their heirs, assigns, successors-in-business, servants, agents, distributors,
dealers, stockists or any of them from manufacturing, selling, offering for
sale, advertising, and directly or indirectly dealing in cosmetics
preparations including crème bleach in packaging which is identical to or
a colourable imitation/ substantial reproduction of the plaintiff's JOLEN
crem bleach packaging, including the carton and container thereof,
amounting to infringement of the plaintiff's copyright in the artistic work
JOLEN crème bleach carton, container and JOLEN written in distinctive
script;
(b) an order of permanent injunction restraining the defendants,
their heirs, assigns, successors-in-business, servants, agents, distributors,
dealers, stockists or any of them from manufacturing, selling, offering for
sale, advertising, and directly or indirectly dealing in cosmetics
preparations including crème bleach bearing the Trade Mark JOLEN or
any mark deceptively similar thereto, cartons and containers which are a
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C.S.Nos.397 of 2000 and 831 of 2004
colourable imitation of the plaintiff's JOLEN crème bleach carton and
container in colour scheme, get up and lay out, or from doing any other
thing amounting to passing-off or enabling others to pass off the
defendants' goods as and for goods of the plaintiff.
(c) an order for rendition of accounts of profits earned by the
defendants by the use of the Trade Mark JOLEN carton, container
identical or similar to plaintiff's copyright in the artistic work JOLEN
crème bleach carton, container and JOLEN written in distinctive script,
and a decree be passed in favour of the plaintiff for the amount so
ascertained.
(d) an order for delivery-up by the defendant, of all packaging
material including, products, containers, cartons, labelsa and stationery/
advertising material including blocks, dies, pamphlets, brochures and
other literature bearing the Trade Mark JOLEN or any mark deceptively
similar thereto, to the plaintiff or its authorised representative for the
purposes of destruction/ erasure and
(e) for costs of the suit.
For Plaintiff : Mr.Madhan Babu
for M/s.Kurian & Kurian
For Defendants : Mr.Jayesh B.Dolia for D2
Mr.Sanjay Ramasamy for D1, 3 and 4
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C.S.Nos.397 of 2000 and 831 of 2004
C.S.No.831 of 2004:
Jolen Inc.,
25, Walls Drive,
Fairfield,
Connecticut, USA
rep. by its Constituted Attorney
A.Arulselvan
...Plaintiff
.Vs.
1.Jolen International Private Limited,
36, Srinagar Colony,
Ashok Vihar Road,
Delhi – 110 052.
2.ShobanLal Jain
3.Vikas Jain
4.H.R.Personal Care (P) Ltd.,
Baddi – Nalagarh Highway,
Village Malpur
Himachal Pradesh ... Defendants
Plaint filed under Order IV Rule 1 of the Madras High Court
Original Side Rules and Order VII Rule 1 of the Code of Civil Procedure
read with Sections 27, 134 and 135 of the Trademarks Act, 1999 praying
for judgment and decree granting:
(a) a permanent injunction restraining the defendants, their
directors, officers, servants, agents, legal representatives, successors-in-
business, distributors, dealers, stockists, super stockists, assigns or any
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C.S.Nos.397 of 2000 and 831 of 2004
one claiming through or under them from passing off or enabling others
to pass of the defendants business/ goods/ services as and for the
business/ goods/ services of the plaintiff by use of the corporate name/
trading style JOLEN International Ltd., JOLEN International Private
Ltd., and domain names www.Jolenintl.com or any other corporate name/
trading style, domain name, internet web site address, e-mail ID bearing
the trade mark/ trade name JOLEN or any other mark deceptively similar
to the plaintiff's trade mark/ trade name JOLEN and /or in any other
manner whatsoever connected with the plaintiff;
(b) a permanent injunction restraining the defendants, their
directors, officers, servants, agents, legal representatives, successors-in-
business, distributors, dealers, stockists, super stockists, assigns or any of
them from adopting and using, for the purpose of manufacture and sale,
cartons having bluish green colour combination with white lettering and
distinctive shaped containers for their OLINA crème bleach or any other
cosmetic preparations which are identical to and/or deceptively similar to
the trade dress in the plaintiff's JOLEN crème bleach carton having
bluish green colour combination with white lettering and distinctive
shaped JOLEN crème bleach containers for crème and accelerator
thereby passing off or enabling others to pass off their products as and
for the plaintiff's products or in any other manner whatsoever;
(c) a permanent injunction restraining the defendants, their,
directors, servants, agents, legal representatives, successors-in-business,
distributors, dealers, stockists, super stockists, assigns or any one
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C.S.Nos.397 of 2000 and 831 of 2004
claiming through them either from advertising, displaying,
communicating or making publicity that JOLEN has been changed or
renamed as OLINA or any message, circular, advertisement,
announcements, notices, posters, strips, fliers etc., making any reference
to trademark JOLEN in any manner whatsoever;
(d) The defendants be ordered to surrender to the plaintiff for
destruction all cosmetic products, cartons, containers, packaging, name
boards, signage, labels, advertisement materials, circulars, posters,
danglers, brochures, pamphlets, literature and all other materials bearing
the trade mark/ trade name JOLEN as well as relating to other issues that
are complained of by the plaintiff in the suit;
(e) A preliminary decree be passed in favour of the plaintiff
directing the defendants to render true and faithful accounts of profits
made by them on account of the continuous violation of the trade mark/
trade name JOLEN by use of trade name JOLEN International P.Ltd., or
JOLEN International Ltd., domain name jolenintl.com, using similar
trade dress and other acts and a final decree be passed in favour of the
plaintiff for the amount of profits so ascertained;
(f) the defendants be ordered to pay the plaintiff a sum of
Rs.10,05,000/- as liquidated damages for committing continuous acts of
violation of the plaintiff's trade mark/ trade name JOLEN in various
manner and
(g) for costs of the suit.
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C.S.Nos.397 of 2000 and 831 of 2004
For Plaintiff : Mr.Madhan Babu
for M/s.Kurian & Kurian
For Defendants : Mr.Sanjay Ramasamy for D to D4
********
COMMON JUDGMENT
The learned counsel for the plaintiff would submit that they have
informed the plaintiff in United States regarding the need for prosecuting
these suits by way of e-mail on 12.07.2021 and till date there has been no
response from the plaintiff.
2. In view of the same, the suits are dismissed for non-prosecution.
No costs. Consequently, the connected applications are closed.
09.08.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
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C.S.Nos.397 of 2000 and 831 of 2004
R.SUBRAMANIAN, J.
dsa
List of the witnesses examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
09.08.2021
dsa
C.S.Nos.397 of 2000 and 831 of 2004
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