ESSCO SANITATIONS Vs. MASCOT INDUSTRIES INDIA

JUDGEMENT

(1.) The main question for determination in this application under Order XXI. Rule 32, and s. 151 of the Code of Civil Procedure, 1908, is whether the mark 'OSSO' adopted by the respondents-judgment-debtors Is deceptively similar to the registered trade mark 'ESSCO' of the petitioners-decree-holders and amounts to disobedience of the decree for permanent injunction passed by this Court in favour of the petitioners against the respondents on July 30, 1980.

(2.) On February 14, 1980, the petitioners-decree-holders M|s. Essco Sanitations, brought a suit seeking permanent injunction restraining (1) the judgment-debtors, their servants, agents, representatives, dealers, workmen and all those acting for and on their behalf from infringing their registered trade mark No. 214447 by adopting and|or using the mark 'ESSO' and|or any other deceptively or confusingly similar mark which was an infringement of their registered trade mark 'ESSCO' in relation to brass cocks (sanitary and bath-room fittings); (2) from manufacturing, selling, offering for sale and|or otherwise dealing in sanitary and bathroom fittings including brass cocks under the mark 'ESSO' or any other deceptively similar mark being colourable imitation of their trade mark 'ESSCO' as was likely to cause confusion and deception and from passing off these goods as those of the decree-holders in any manner whatsoever. They also prayed for an order for destruction of the goods, cartons, dies and blocks, labels and other media bearing the impugned mark 'ESSO', and for rendition of accounts etc.

(3.) The reliefs were claimed mainly on the allegations that in the year 1961 the decree-holders adopted the trade mark 'ESSCO' in relation to sanitary and bath-room fittings particularly brass cocks of its manufacture and sale as a distinctive trade mark. The said trade mark was duly registered under the Trade and Merchandise Marks Act. 1958. under No. 214447 and had acquired high reputation and was well-known in the market and had come to mean the products of the decree-holders' exclusive manufacture. The Judgment-debtors M|s. Mascot Industries were manufacturing and selling various types of sanitary bath-room fittings including brass cocks and had adopted an identical and deceptively similar mark 'ESSO' as that of the decree-holders trade mark.