MARICO LIMITED Vs. AGRO TECH FOODS LTD.

JUDGEMENT

(1.) IA No. 11037/2009 (Order 39 Rule 1 & 2 CPC by Pltf.) & IA No. 11538/2009 (Order 39 Rule 4 of CPC by Deft.)

(2.) BY the present order I propose to dispose of the captioned interlocutory applications (hereinafter referred to as TAs'). The plaintiff, in support of his case has filed IA No. 11037/2009 under the provisions of Order 39 Rule 1 and 2 read with Section 151 of the CPC of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'), while the defendant has filed IA No. 11538/2009 under the provisions of Order 39 Rule 4 read with Section 151 of the CPC for vacation of the interim order dated 28.08.2009. By order dated 28.08.2009 the defendant, its agents, assigns and all others acting for and on behalf of the defendant were restrained from using the trademark LOW - ABSORB and LOW ABSORB TECHNOLOGY or any other mark deceptively similar to the plaintiff and in relation to its goods.

(3.) 1 The defendant, on the other hand, has refuted the case set up by the plaintiff. It is averred by the defendant that it has a legitimate right to use the expression "LOW ABSORB TECHNOLOGY" on the packaging of its sunflower oil sold under trade mark "Sundrop". This right, it asserts on the basis that its product edible includes an anti -foaming agent, which in turn, retards the absorption of oil during the process of frying food stuffs. Therefore, the use of the word "LOW ABSORB TECHNOLOGY" is justified.