ASIAN PAINTS LIMITED Vs. AYUSH PAINTS AND CHEMICALS

JUDGEMENT

(1.) THE Plaintiff seeks a decree for permanent injunction to restrain alleged infringement of its trade mark "ASIAN", copyright in the underlying artistic work, passing off etc; other consequential relief, including damages are sought, against the Defendants. The Defendant is a proprietary firm involved in the manufacturing of paints by the name "ASIAN BIRD".

(2.) BY order dated 23.07.2008, an ad interim ex parte injunction was by which the Defendant, its principal officers, agents, dealers, distributors etc. and anyone acting for and on its behalf were restrained from manufacturing, selling, offering for sale advertising, distributing or in any other manner dealing with paints or any other allied products under the mark or label "ASIAN BIRD PREMIUM SYNTHETIC ENAMEL" which contained the word ASIAN or any other word or mark deceptively similar to the Plaintiffs mark ASIAN PAINTS, in cans were are an imitation of the Plaintiffs paint cans and packaging.

(3.) THE Court, by the same order, also appointed a local commissioner, to visit the Defendant's premises. The commission was executed on 29.07.2008 and the commissioner's report was filed on 05.09.2008. The report revealed that the Defendant was in possession of infringing material such as finished and unfinished cans of Asian Budget, Asian Glow, Indo Asian, Asian Gold etc.