Case Note & Summary
The plaintiff, Pidilite Industries Limited, filed a suit against Jubilant Agri & Consumer Products Limited alleging infringement of its registered trademarks 'MARINE' (registration nos. 1319822, 1319821, 1319823) and copyright, as well as passing off. The plaintiff sought ad-interim/interim reliefs restraining the defendant from using the mark 'MARINE' or any similar mark. By an ex parte order dated 29th August 2013, the court granted ad-interim injunction in terms of prayer clauses (a) and (b) of the Notice of Motion, restraining the defendant from infringing the plaintiff's registered MARINE marks and from manufacturing, selling, or dealing in goods under the impugned mark. The court found that the plaintiff had made out a prima facie case, the balance of convenience was in favor of the plaintiff, and irreparable loss would be caused if the injunction was not granted. The order was passed pending hearing and final disposal of the suit.
Headnote
A) Trademark Law - Infringement - Registered Trademark - Sections 28, 29 Trade Marks Act, 1999 - Plaintiff held registered proprietor of MARINE marks for adhesives and sealants - Defendant using identical mark MARINE for similar goods - Court found prima facie case of infringement and granted ad-interim injunction - Held that use of identical mark for identical goods constitutes infringement (Paras 1-3).
Issue of Consideration
Whether the plaintiff is entitled to an ad-interim/interim injunction restraining the defendant from infringing its registered trademarks and copyrights and from passing off its goods as those of the plaintiff.
Final Decision
Ad-interim injunction granted in terms of prayer clauses (a) and (b) of the Notice of Motion, restraining the defendant from infringing the plaintiff's registered MARINE marks and from manufacturing, selling, or dealing in goods under the impugned mark, pending hearing and final disposal of the suit.
Law Points
- Trademark infringement
- Passing off
- Interim injunction
- Prima facie case
- Balance of convenience
- Irreparable loss
Case Details
2014 LawText (BOM) (01) 93
Notice of Motion (L) No. 1717 of 2013 in Suit (L) No. 752 of 2013
Mr. V.R. Dhond, Senior Advocate, along with Mr. Nishad Nadkarni, Mr. Vaibhav Keni and Mr. Sumeet Rane, instructed by M/s. LEGASIS PARTNERS, for the Applicant/Plaintiff. Mr. Ravi Kadam, Senior Advocate, along with Mr. A.A. Kirpekar, instructed by M/s. MAG LEGAL, for the Defendant.
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Nature of Litigation
Suit for trademark infringement, copyright infringement, and passing off.
Remedy Sought
Ad-interim/interim injunction restraining the defendant from infringing the plaintiff's registered trademarks and copyrights and from passing off its goods as those of the plaintiff.
Filing Reason
The defendant was allegedly infringing the plaintiff's registered trademarks 'MARINE' and committing passing off.
Previous Decisions
Ex parte ad-interim injunction granted on 29th August 2013 in favor of the plaintiff.
Issues
Whether the plaintiff is entitled to an ad-interim/interim injunction against the defendant for trademark infringement and passing off.
Submissions/Arguments
Plaintiff argued that it is the registered proprietor of MARINE marks and the defendant's use of identical mark for similar goods constitutes infringement and passing off.
Defendant's arguments are not mentioned in the provided text.
Ratio Decidendi
The plaintiff has a prima facie case of trademark infringement as it is the registered proprietor of MARINE marks and the defendant is using an identical mark for identical goods. The balance of convenience is in favor of the plaintiff and irreparable loss would be caused if the injunction is not granted.
Judgment Excerpts
The above Suit is filed by the Plaintiff against the Defendant on the ground that the Defendant is infringing the registered trademarks of the Plaintiff, infringing the copyrights of the Plaintiff and committing the tort of passing off its goods as the goods of the Plaintiff in the circumstances set out in the Plaint.
By the above Notice of Motion, the Plaintiff has sought adinterim/interim reliefs restraining the Defendant from infringing the trademarks and copyrights of the Plaintiff and/or committing the act of passing off its goods as that of the Plaintiff.
By an ex parte order dated 29th August,2013, adinterim injunction in terms of prayer clauses (a) and (b) of the Notice of Motion have been granted in favour of the Plaintiff and against the Defendant...
Procedural History
The plaintiff filed Suit (L) No. 752 of 2013 on grounds of trademark infringement, copyright infringement, and passing off. The plaintiff also filed Notice of Motion (L) No. 1717 of 2013 seeking ad-interim/interim reliefs. An ex parte ad-interim injunction was granted on 29th August 2013. The order was reserved on 10th October 2013 and pronounced on 13th January 2014.
Acts & Sections
- Trade Marks Act, 1999: 28, 29
