Case Note & Summary
The respondent-plaintiff, Shafeeque Ahmed Mohammed Sayeed, trading as M/s. Nageena Ayurvedic Pharmacy, filed a suit for infringement of registered trade marks and copyright against the appellant-defendant, Ansari Bilal Ahmadlal Mohd., trading as JBM Herbal Pharmacy. The plaintiff claimed that his father had created a distinctive label 'SUKOON OIL' in 1993 and had obtained trade mark registration for the label mark 'SUKOON' (Registration No. 1421905 in Class 03 and 1377947 in Class 05). The plaintiff alleged that the defendant was using a deceptively similar label 'SUKOON' for massage oil, causing confusion and infringement. The Single Judge granted an interim injunction restraining the defendant from using the mark 'SUKOON' or any deceptively similar mark. The defendant appealed. The Division Bench upheld the injunction, finding that the plaintiff had made out a prima facie case, the balance of convenience was in favour of the plaintiff, and the defendant would not suffer irreparable loss. The court noted that the marks were visually and phonetically similar, and the defendant had not challenged the registration of the plaintiff's mark. The appeal was dismissed.
Headnote
A) Trade Marks Act, 1999 - Infringement - Deceptive Similarity - Sections 28, 29 - The plaintiff, registered proprietor of the label mark 'SUKOON OIL' (Registration No. 1421905 in Class 03 and 1377947 in Class 05), sought interim injunction against the defendant's use of a similar label 'SUKOON' for massage oil. The Single Judge granted injunction finding prima facie case, balance of convenience in favour of plaintiff, and likelihood of irreparable loss. The Division Bench upheld the order, noting that the marks were deceptively similar and the defendant had not challenged the registration. (Paras 2-10) B) Civil Procedure Code, 1908 - Interim Injunction - Appeal against Order - Order 39 Rules 1 and 2 - The appellate court declined to interfere with the discretionary order of the Single Judge, as the findings on prima facie case, balance of convenience, and irreparable injury were based on material on record and not perverse. (Paras 11-15) C) Trade Marks Act, 1999 - Registration - Validity - Section 31 - The registration of a trade mark is prima facie evidence of its validity. The defendant's contention that the registration was obtained by misrepresentation was not substantiated. (Para 8)
Issue of Consideration
Whether the learned Single Judge was justified in granting interim relief in favour of the plaintiff/respondent restraining the appellant/defendant from using the mark 'SUKOON' or any deceptively similar mark in respect of massage oil.
Final Decision
The appeal is dismissed. The order of the learned Single Judge granting interim injunction is upheld.
Law Points
- Trademark infringement
- deceptive similarity
- interim injunction
- balance of convenience
- prima facie case
- irreparable loss
- Trade Marks Act 1999
- Copyright Act 1957
