GLOBE SUPER PARTS Vs. BLUE STAR FLAME INDUSTRIES

JUDGEMENT

(1.) The plaintiff manufactures and markets various gas appliances under the trade mark 'SUPERFLAME'. It is not a registered rade mark. They have alleged that the defendants are passing off their gas appliances by using the word 'SUPERFLAME' in their trade name.

(2.) By an interim application (I.A. 536 of 1984) the plaintiff has sought an order restraining the defendants from using the said trade name and acting in any manner to pass off their goods as the goods of the plaintiff. On this application, an interim order was passed by me restraining the defendants from selling gas stoves under the name 'SUPERFLAME' in any form. I have now heard the counsel for the parties.

(3.) Passing off is recognised as a tort with the object of preventing unfair trading and appropriation property rights of a trader. The object is to prevent unfair competition and undue benefit being taken of the reputation (already achieved) of rival traders, by means of false or mise leading devices. The defendants contention is that the word 'SUPER- FLAME' is a combination of the word 'SUPER' and 'FLAME'- 'FLAME' is a normal descriptive word and 'SUPER' is a laudatory preposition. They submit that the plaintiff cannot claim my monopoly in the use of the said words as they have not acquired distiactiveness. They have cited number of decisions primarily concerning registration of a trade mark, showing that a trade mark cannot be registered if it is not distinctive.