BOROSIL GLASS WORKS LIMITED Vs. O P BATRA

JUDGEMENT

(1.) On 23.2.95 the plaint in the suit was presented praying for the following reliefs :-

(2.) The case of the plaintiff briefly is as follows : The plaintiff has been carrying on business under the trade mark BOROSIL since 14th December, 1962. The mark is registered under the Trade Marks Act, 1958 in the following manner :-

(3.) The user of the trade mark by the defendant is not lawful and they arc purposely trading on the name of the plaintiff's trade mark. The goods sold by the plaintiff and the defendants belong to the same class and their use in the kitchens and, therefore, the general public would be greatly alfected by the deceptive similarity which would effect the business of the plaintiff The defendants being a competitor of the plaintiff are fully aware of goodwill and the name of the trade mark BOROSIL of the plaintiff and the conduct of the defendants is deliberate and with main fide intentions they are passing off their goods as the goods of the plaintiff. The defendants have already made huge and illegal profits by using the name of the plaintiff. On these allegations, the plaintiff has come forward with the reliefs adverted to above.