Sunday, June 13, 2010

Civil Procedure Code, 1908

Order 39 Rules 1 and 2

Ad interim injunction restraining the defendant from manufacturing, selling, marketing, advertising or in any manner using the trademarks 'SUPER BRIGHT', SUPER BRIGHT EL', 'SUPER BRIGHT EL-C, 'SUPER BRIGHT EL-81', 'SUPER BRIGHT HD ULTRA' and 'SUPER BRIGHT Bleach' or any other trademark which is deceptively similar or confusingly similar to that of the plaintiff.

Held that in action of passing off it has to be proved that the person to whom the goods were supplied would have been deceived into believing that the goods were that of the plaintiff when in fact they were not. Defendant supplying the rogue product , applying the plaintiffs trade mark 'SUPER BRIGHT. Fit case for likely loss of goodwill and reputation by the plaintiff if the injunction was not granted.
Plaintiffs were able to show prima facie that they are the prior users of the mark and that they have made out a prima facie case for grant of an ad interim injunction in their favour.
Injunction granted.

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