Case Note & Summary
The Plaintiff, John Cockerill Hamon SA, filed a Commercial IP Suit alleging infringement and passing off of its registered trademark 'HAMON' by the Defendants, Hamon Cooling Systems Private Limited & Anr. The Plaintiff claimed ownership of several registered marks including the word mark 'HAMON' registered since 1988 with user claim from 1963. The Defendants were using 'HAMON COOLING' and 'HCS HAMON COOLING' in trade and as part of their corporate name without any right. The Plaintiff sought an interim injunction restraining such use. The Court, after considering the submissions, found that the Plaintiff had made out a prima facie case of infringement and passing off, the balance of convenience was in favour of the Plaintiff, and irreparable loss would be caused if the injunction was not granted. Accordingly, the Court granted the interim injunction as prayed.
Headnote
A) Trademark Law - Infringement - Registered Trademark - Sections 28, 29 Trade Marks Act, 1999 - Plaintiff's registered trademark 'HAMON' used since 1963 - Defendant using 'HAMON COOLING' and 'HCS HAMON COOLING' - Court held that Plaintiff has made out a prima facie case of infringement and passing off, balance of convenience is in favour of Plaintiff, and irreparable loss would be caused if injunction not granted (Paras 1-4).
Issue of Consideration
Whether the Plaintiff is entitled to an interim injunction restraining the Defendants from using the mark 'HAMON' or any deceptively similar mark pending the disposal of the suit.
Final Decision
Interim injunction granted in favour of the Plaintiff restraining the Defendants from using the impugned marks 'HAMON COOLING' and 'HCS HAMON COOLING' or any other mark deceptively similar to the Plaintiff's registered trademark 'HAMON' pending disposal of the suit.
Law Points
- Trademark infringement
- Passing off
- Interim injunction
- Prima facie case
- Balance of convenience
- Irreparable loss
Case Details
2026 LawText (BOM) (07) 52
Interim Application No. 345 of 2026 in Commercial IP Suit No. 7 of 2026
Mr. Janak Dwarkadas, Senior Advocate, a/w. Mr. Hiren Kamod, Ms. Namrata Vinod, Mr. Ashutosh Kane, Ms. Sumana Roychowdhury and Mr. Kanak Kadam i/b. W. S. Kane & Co., for the Applicant/Plaintiff. Dr. Veerendra Tulzapurkar, Senior Advocate, a/w. Mr. Hitesh Mutha, Mr. Sajid Mohamed, Mr. Sumit Raghani and Ms. Dikshita Pawar i/b. Argud Partners, for the Defendants.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Commercial IP Suit for infringement and passing off of trademark.
Remedy Sought
Interim injunction restraining Defendants from using the impugned marks 'HAMON COOLING' and 'HCS HAMON COOLING' or any deceptively similar mark.
Filing Reason
Defendants using 'HAMON' in their trade and corporate name without authorization, causing infringement and passing off.
Issues
Whether the Plaintiff has a prima facie case for infringement and passing off.
Whether the balance of convenience lies in favour of the Plaintiff.
Whether irreparable loss would be caused to the Plaintiff if injunction is not granted.
Submissions/Arguments
Plaintiff argued that it is the proprietor of registered HAMON marks with prior use since 1963, and Defendants' use of similar marks amounts to infringement and passing off.
Defendants' arguments not extracted from text.
Ratio Decidendi
The Plaintiff has made out a prima facie case of infringement and passing off, balance of convenience is in favour of the Plaintiff, and irreparable loss would be caused if injunction is not granted.
Judgment Excerpts
The captioned Suit has been filed inter alia for infringement and passing off in respect of the mark HAMON.
It is the Plaintiff’s case that the Plaintiff is the proprietor of the following marks, all of which are registered and, for convenience, are referred to as the 'HAMON Marks'.
Procedural History
The Plaintiff filed Commercial IP Suit No. 7 of 2026 for infringement and passing off. The Plaintiff then filed Interim Application No. 345 of 2026 seeking interim injunction. The application was reserved on 7th April 2026 and pronounced on 6th July 2026.
Acts & Sections
- Trade Marks Act, 1999: 28, 29
