CLASSIC ELECTRICALS Vs. POLO PLASTICS LIMITED

JUDGEMENT

(1.) This is a suit for the relief of permanent injunction against act of passing off and damages. The plaintiff is engaged in the business of manaufacturing and marketing of wide range of electrical appliances & electrical accessories and fittings. The plaintiff adopted the trade mark POLO label on 1st day of April, 1991 in relation to electrical appliances, electrical accessories & sittingis and has been continuously using the same since then up to the present time. The business carried on by the plaintiff is a very extensive one and the goods bearing the said trade mark have been practically distributed in major parts of the country. In order to acquire the statutory rights for the said trade mark, the plaintiff filed as many as three applications as referred in para 5 of the plaint. Trade mark POLO Under no.554949-B In Class-11 in relation to Fans, Refrigerators, Coolers, Airconditioners, Geysers, Toasters, Emersion Rods was registered w.e.f 22.7.1991.

(2.) Through this suit, plaintiff claims protection of its trade mark which has been allegedly Infringed by the defendant inasmuch as defendant on 2.3.195 adopted the trade mark POLO in respect of fans, coolers and other electrica appliances. It is alleged that defendant adopted the similar trade mark capriciously and fraudulently with ulterior motive and to create deception and confusion in the market and is affecting the reputation of the plaintiff.

(3.) Despite service of summons, defendant did not put in appearance to contest the claims of the plaintiff and allowed itself to be proceeded ex-parte. In order to prove its claim, the plaintiff filed affidavit by way of evidence and has proved the following documente :- (1) Exhibits P-1 to P-5 are the different labels of the plaintiff under the trade mark POLO; (11) Exhibits P-6 & P-7 are the price list of the defendant; (iii) Exhibit P-8 is the original sale bill of the plaintiff.