Jolen Inc vs Shobanlal Jain
2021 Latest Caselaw 16131 Mad

                                                                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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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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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.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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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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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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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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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.No.225 of 2012

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