PARKASH METAL WORKS Vs. SQUARE AUTOMATION P LTD

JUDGEMENT

(1.) PLAINTIFF has come to this Court seeking relief against the defendant on the ground of passing off his trade mark with the word "Hot Flo" by the defendant.

(2.) IN short the case of the plaintiff is that he is manufacturing and marketing Hot Chambers, Electric boilers, water heater (electrical), geyesers, Room heaters, cooking apparatus and installations electrically operated. He is applying distinctive Trade Mark "Hot Flo" and 'PMW Hot Flo' on its goods since 1963 and 1974 respectively. These trade marks are registered under the Copyright Act, 1957. His goods are in great demand in the market because of its standard quality and unfailing technical know how and precision. Plaintiff has acquired a goodwill and reputation in the Trade. Defendant has now adopted to trade mark 'Hot Flo' for its product instant geyser-cum-shower which is identical and deceptively similar to plaintiff's trade marks 'Hot Flo' and 'PMW Hot Flo'. This causes confusion and deception amongst the purchasing public.

(3.) MR. Goel appearing for the plaintiff contended that there is a fallacy in the argument of the defendant. The plaintiff has based his claim on the passing off action. The has not applied for the registration of his trade mark. All these authorities cited by the defendant may be good if plaintiff had applied for registration of his trade mark. These decisions are not applicable nor hold good so far as action on the ground of passing off is concerned.