ASTRAL POLY TECHNIK LIMITED Vs. ASTRALGLEE

JUDGEMENT

(1.) This is an application filed by the plaintiffs under Order XXXIX Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 (in short, 'CPC') praying for an order of temporary injunction restraining the defendants from manufacturing, selling, offering for sale, exporting, advertising, directly or indirectly dealing in any business, including in essential oils, aroma oils, essential oil roll-on, mist and floral water, diffusers and hydrosols, under the impugned mark <IMG>JUDGEMENT_193_LAWS(DLH)8_2022_1.jpg</IMG> /'ASTRALGLEE' or any other trade mark as may be deceptively similar to the plaintiff's trade mark 'ASTRAL'.

(2.) It is the case of the plaintiffs that the plaintiff no. 1 was incorporated on 25/3/1996 and is engaged in diversified business activities with its prime focus on manufacturing, distributing and selling of high-quality pipes, parts and fittings 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, pipe flanges and connectors; surface and glass cleaners, sanitizers, stain removers and surface protectants.

(3.) The predecessor of the plaintiff no. 2 was incorporated on 16/9/2009 and is a subsidiary of the plaintiff no. 1 and is engaged in the manufacturing of building material, construction chemicals, adhesives; maintenance and preventive products including sealers, repellents, water proofing compounds, tile grout, tile adhesive, admixtures, solvent cement, epoxy resins and hardeners, acrylics, UV cure, PVA, cyanoacrylates, silicon sealants, anaerobic, tapes, glass/surface cleaners, protectant, sanitizers and removers.