PRAKASH PIPES LIMITED Vs. BAUCHHAAR POLY INDUSTRIES

JUDGEMENT

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

(2.) The Plaintiff has filed the present suit seeking permanent injunction against the Defendants' use of the mark 'PRAKASH'/trade dress/copyright/colour combination/writing style/formative marks, for PVC pipes and other related goods, as also reliefs for passing off, delivery up, rendition of accounts and further damages.

(3.) The case of the Plaintiff is that it adopted the mark 'PRAKASH' and its corresponding logos in the 1980s and the said mark has come to be associated with high quality PVC products such as PVC pipes, PVC water storage tanks, PVC tubes and fittings, PVC House Pipe Hi - Density Poly Ethylene (HDPE) Pipes, etc., as set out in paragraph 2 of the plaint. The logos of the Plaintiff are set out below: