ASTRAL POLY TECHNIK LIMITED Vs. DHARTI PIPE

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit has been filed by the Plaintiff - Astral Poly Technik Limited seeking declaration and permanent injunction restraining the infringement of trade mark, passing off, unfair competition, damages, delivery up, etc. The case of the Plaintiff is that it has adopted the trade mark 'ASTRAL', both in word form and logo form in respect of pipes, parts and fittings thereof in Class 17, for use in plumbing, sewage and drainage, agriculture, surface drainage, industrial use, fire protection, cable protection, urban infrastructure, insulation, adhesives, and ancillary products such as clams, hangers, sanitizers, etc. The Plaintiff adopted the trade mark '

(3.) The trade mark 'ASTRAL', though a dictionary word, was adopted as an arbitrary mark in the year 1996, and its variants have been registered in Classes 17, 19, 11, amongst others. The trade mark 'ASTRAL' is also protected by the Plaintiff against misuser. The Plaintiff claims extensive goodwill owing to sales of more than Rs.2000.00 crores in the year 2019-20 and more than Rs.70.00 crores spent on promotion and advertisement. The Statement of Revenue and Sales Promotion Expenditure of the Plaintiff has been set out below: