M/S MARVEL TEA ESTATE INDIA LTD. v. M/S NUSUN GENETIC RESERCH LTD.

1. The present is a suit for permanent injunction restraining passing off, infringement of trade mark, trade name, rendition of account, delivery up, etc. The present suit has been filed to prevent the defendant from using in any manner, the brand name/mark ‘NUSUN MARVEL’ or any deceptively similar mark/name for their business, sale, services, goods falling in Class 30 and 31, as the same constitutes infringement and passing off, of the registered trade mark of the plaintiff, i.e., ‘MARVEL’.

2. As per the facts on record, the plaintiff has a registered trade mark, i.e., ‘MARVEL’ under Class-30, under which the plaintiff conducts business of manufacturing, producing and marketing of goods like tea, soaps, detergent, etc. The plaintiff has other marks with the same prefix of ‘MARVEL’ which are registered, details and status of which are given as under:

3. It is also to be noted that plaintiff is also the registered copyright holder of the artistic work for the word ‘MARVEL’, details of which, are given as follows:

4. This Court notes the statement on behalf of the defendant, recorded in the order dated 7th August, 2023, wherein, it has been stated that defendantcompany, has shut down. The relevant portion of the order dated 7th August, 2023, reads as follows: “xxx xxx xxx

1. Mr. Vutts, learned Counsel for the defendant submits that the defendant company has shut down. xxx xxx xxx”

5. Accordingly, it is apparent that the defendant is no longer using the mark ‘NUSUN MARVEL’, as the defendant-company, has already shut down its operations.

6. None appears for the defendant when the matter is called out.

7. Learned counsel appearing for the plaintiff presses that in view of the aforesaid statement made by learned counsel appearing for the defendant, as recorded in the order dated 7th August, 2023, the suit be decreed.

8. Considering the detailed discussion hereinabove, permanent injunction is granted in favour of the plaintiff and against the defendant, their associates, sister concerns, its group of companies, dealers, distributors through themselves, or through servants, agents, stockiest, assignees and representatives and all other acting for and on their behalf, restraining them from manufacturing, selling, offering for sale, advertising, directly and indirectly dealing in goods falling in Class 30 and 31, bearing the trade mark ‘NUSUN MARVEL’, or any other trade mark, as may be identical with, and/or deceptively and confusingly similar to plaintiff’s registered trade mark ‘MARVEL’, which may amount of infringement/passing off, of the trade mark of the plaintiff.

9. In view of the aforesaid, the suit is decreed in favour of the plaintiff.

10. Decree sheet be drawn up.

11. The present suit is accordingly disposed of. MINI PUSHKARNA, J AUGUST 1, 2024