PARAGON STEELS P LTD Vs. PARAGOAN RUBBER INDUSTRIES

JUDGEMENT

(1.) THIS appeal is directed against the order dated 29-11-2008 in O. S. No. 2035/2007 passed by the XVII additional City Civil Judge Bangalore allowing I. A. No. II filed under Order 39, Rule 1 and 2 CPC.

(2.) APPELLANT is defendant and respondent is the plaintiff before the trial Court. In this judgment, for convenience, the parties are referred to their status before the trial Court.

(3.) PLAINTIFF is a registered partnership firm carrying on its business in the manufacture and sale of footwear and allied products under the registered trade mark 'paragon'. The plaintiff is having exclusive right over the registered trademark 'paragon' and therefore they are entitled to protect the mark from misuse by any other person. The plaintiff by spending huge sum of money popularised the registered trademark 'paragon' and the same has acquired reputation, goodwill and a distinctive character representing the plaintiff's products. Though the plaintiff is using the registered trademark 'paragon' from the year 1975, the same is registered in the year 1987 and since then they are continuously using the same for sale of their rubber products. It is further stated that as on the date of filing of the suit the annual turnover of the plaintiff company was Rs. 300 crores. The plaintiff further contends, that the trademark 'paragon' is a 'well known trademark'. In the month of december, 2006 the plaintiffs came to know that the defendants by adopting the word 'paragon' which is identical to the plaintiff's registered mark had entered into the market to encash the reputation and good will of the plaintiff's trademark. The defendants deceptively adopted the plaintiff's trademark for sale of twisted steel rods. This act on the part of the defendants amounts to infringement of plaintiff's trademark. Therefore, the plaintiffs filed O. S. No. 2035/2007 for a decree of permanent injunction restraining the defendants from infringement with the plaintiff's trademark; particularly the word 'paragon', to render true accounts, to pay damages and for other reliefs. The plaintiffs filed LA. No. II under Order 39, Rules 1 and 2, CPC for grant of temporary injunction restraining the defendants from using the plaintiff's registered trademark 'paragon' for sale of their products, particularly steel rods.