SUNSTAR LUBRICANTS LIMITED Vs. FEDERAL CHEMICAL INDUSTRIES

JUDGEMENT

(1.) The plaintiffs claim to the trade mark GOLDEN CRUISER 1200. The defendants claim the trade mark SUN CRUISER 2001. -

(2.) The plaintiffs and defendants are engaged in the same business of manufacturing and selling automobile coolant and other attendant products. The suit was instituted by the plaintiffs on 28.8.1990. In the original plaint, the plaintiffs claimed the relief of injunction on the ground of passing off. On 7.1.1991 the plaintiffs filed IA. 210/91 for amendment of the plaint claiming the relief of infringement of trade mark on the ground that the-trade mark claimed by the plaintiffs have been registered by the Registrar under the Trade Marks Act, 1958 and, therefore, they are entitled to the injunction on the ground of infringement of trade mark also. The following are the reliefs claimed in the amended plaint:

(3.) After the amendment of the plaint the plaintiffs filed IA. 8594/91 for injunction on the basis of the averments in the amended plaint. The case of the plaintiffs tersely stated is this :