RAMAN KWATRA Vs. KEI INDUSTRIES LIMITED

JUDGEMENT

(1.) The appellant has filed the present intra-court appeal, impugning the order dtd. 17/5/2022 (hereafter 'the impugned order') passed by the learned Single Judge, whereby the respondent's (plaintiff's) application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 was allowed and the appellant was restrained from using the <IMG>JUDGEMENT_123_LAWS(DLH)1_2023_1.jpg</IMG> mark (hereafter 'the impugned trademark') or any other marks deceptively similar to the registered trademarks of the respondent in relation to electrical goods or instruments, including electrical fans, room coolers, geysers, electric heating apparatus etc., or any allied or similar goods, pending disposal of the appeal. Factual Context

(2.) Appellant no.1 is the sole proprietor of appellant no. 2 and is engaged in the business of manufacturing electrical fans and other appliances (hereafter 'the appellant').

(3.) KEI Industries Limited (hereafter 'the respondent') is engaged in the business of manufacturing, marketing and sale of wires and cables. The respondent claims that the said business commenced in the year 1968. The respondent filed the present suit [being CS(COMM) 9/2021] alleging infringement of its registered word mark "KEI", the device mark <IMG>JUDGEMENT_123_LAWS(DLH)1_2023_2.jpg</IMG> (hereafter 'the device mark') and other formative marks. The mark "KEI" is derived from the initials of the respondent's trade name i.e. (K)rishna (E)lectrical (I)ndustries.