PEPS INDUSTRIES PRIVATE LIMITED Vs. KURLON LIMITED

JUDGEMENT

(1.) The appellant, Peps Industries Private Limited (hereafter 'PEPS') has filed the present appeal impugning the judgment dtd. 16/3/2020 (hereafter 'the impugned judgment') passed by the learned Single Judge of this Court in IA No. 4871/2019 and IA No. 6715/2019 in CS (Comm) No. 174/2019 dismissing the application filed by PEPS under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (CPC). Brief Facts

(2.) PEPS claims that it has been using the mark 'NO TURN' in respect of mattresses, wall beds etc. since 15/1/2008. The mark 'NO TURN' is registered in favour of PEPS by a registration dtd. 4/2/2011 in respect of goods falling under Class 20 for mattresses, wall beds, adjustable beds, coir mats, spring mattresses, sofas, pillows, cushions, seats and other related products.

(3.) Kurlon Limited (hereafter 'KURLON') is also using the same mark 'NO TURN' in respect of mattresses and claims to be using it since the year 2007. PEPS, on becoming aware about the use of the same mark 'NO TURN' on the same product by KURLON, filed a suit seeking permanent injunction against KURLON from the use of the said mark.