JINDAL INDIA LIMITED Vs. JINDAL PIPE HOUSE

JUDGEMENT

(1.) The plaintiff instituted the present suit praying for issuance of perpetual injunction restraining the defendants from carrying on their business of galvanised iron tubes, pipes and fittings thereof under the trade name and/or style as Jindal Pipe House or under any other trade name identical and/or deceptively similar to the trade mark 'JINDAL' and the trading style 'JINDAL INDIA LIMITED' of the plaintiff. According to the plaintiff, the plaintiff Company is engaged in the manufacture and sale of galvanised iron pipes and tubes together with the fittings thereof since 1952 and that plaintiff has been using the trade mark 'JINDAL' on their aforesaid goods extensively and exclusively from the year 1956. The plaintiff Company is also the registered proprietor and owner of the trade mark 'JINDAL' in class 6 in respect of steel pipes and fittings which came to be renewed from time to time and is subsisting. It is stated that since 1956 the plaintiff has been regularly and extensively using the aforesaid trade mark 'JINDAL' with respect to the galvanised iron pipes, tubes and the fittings thereof and has also widely advertised the said goods under the said trade mark 'JINDAL' and trading style 'JINDAL INDIA LIMITED'. It is stated that the defendant Company being attracted by the popularity of the well-known and well reputed trade mark in respect of the product of the plaintiff concerning galvanised steel pipes and tubes and fittings dishonestly adopted its trading style as 'JINDAL PIPE HOUSE' for marketing their products - steel tubes and pipes which is a clear infringement of the registered mark 'JINDAL' of the plaintiffs. The defendants are also passing off their goods as the goods of the plaintiffs. Accordingly the present suit has been instituted by the plaintiff against the defendants.

(2.) Alongwith the plaint the plaintiff also filed an application under Order 39 Rules 1 & 2 of the Code of Civil Procedure praying for a temporary injunction restraining the defendants from using, trading or carrying on business in the name and style of 'JINDAL PIPE HOUSE' or under any trade name identical or and/or deceptively similar to the trade mark 'JINDAL' and trading style 'JINDAL INDIA LIMITED' of the plaintiff. This Court by order dated 22.2.1993 granted an ex parte interim order in favour of the plaintiff as prayed for in the said injunction application.

(3.) Summons and notices having been served on the defendants none appeared on its behalf nor any written statement was filed and accordingly, it was directed that the suit would proceed exparte as against the defendant. The plaintiff was allowed to lead evidence by filing an affidavit which has since been filed and is on record.