KIRLOSKAR PROPRIETARY LIMITED Vs. KIRLOSKAR DIMENSIONS PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is against the order dated 11-l l-1994 passed by the l3th Additional City Civil Judge, Bangalore, on IA-A in OS No. 971 / 1993.

(2.) The parties will be referred to in the course of this judgment as they are arrayed before the trial Court.

(3.) The plaintiffs have filed the suit for permanent injunction restraining the defendants from using the word "KIRLOSKAR" as part of the first defendant's corporate name and/trading so as to pass off or enable others to pass off the first defendant's goods and/ or business as that of the plaintiffs or in some what connected with the plaintiffs and the Kirloskar group of Companies and for damages. In the said suit the plaintiffs have filed an application seeking for temporary injunction restraining the defendants, by themselves, their agents, and/ or any other person claiming under them or through, between, or any of the public from using the word "Kirloskar"as part of the 1st defendant's corporate name and/ or trading style so as to pass off or enable others to pass off the first defendant's goods and or business as that of the plaintiffs or in the same way connected with the plaintiffs pending disposal of the suit. The defendants resisted the said application. After hearing both the parties, the trial Court by its order dated 11-11-1994 dismissed the application on IA-I filed by the plaintiffs. Aggrieved by the said order the plaintiffs have preferred this appeal.