ATUL RAWAL Vs. S.B. EQUIPMENTS

JUDGEMENT

(1.) ADMIT . With the consent of learned counsel for the parties, the appeal is taken up for final hearing.

(2.) THIS appeal is directed against the impugned order dated 11 th July 2008 passed by the learned Single Judge dismissing the appellants IA No. 9140 of 2007 being application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (,,CPC) in suit CS (OS) No. 1454 of 2007 filed against the respondent -defendant. The prayer in IA No.9140 of 2007 was for an ad interim injunction restraining the defendant from manufacturing, selling, marketing, advertising or in any manner whatsoever using the trademarks ,,SUPER BRIGHT, SUPER BRIGHT EL, ,,SUPER BRIGHT EL -C, ,,SUPER BRIGHT EL -81, ,,SUPER BRIGHT HD ULTRA and ,,SUPER BRIGHT Bleach or any other trademark which is deceptively similar or confusingly similar to the above trademarks.

(3.) THE appellant is in the business of manufacturing and selling various detergent products. The case of the appellant is that it has developed several unique and novel detergent products solely on the basis of its own research. Its products are being marketed and sold under the trade mark ,,SUPER BRIGHT followed by suffixes, such as EL, EL -C, EL -81, HD ULTRA,etc . These products, according to the appellant, identify specific detergent products. The documents placed on record in the suit go to show that the appellant has been using the trade mark since 1990 in respect of detergent chemicals. In the year 1999 the appellant developed two different products and starting marketing its products as ,,SUPER BRIGHT ULTRA and ,,SUPER BRIGHT EL -81. In the year 2001 it applied for and initiated talks for supply of its ,,SUPER BRIGHT range of detergent to the Armed Forces for use in various Army hospitals all over the country. It is submitted that the appellant developed specific formulations for the Army and on 12 th October 2004 Director General of Armed Forces (Medical Services) called the appellant for a technical discussion regarding the products. The sample of the appellants product was tested and approved by the army establishments. In June 2004 the appellant was awarded ISO 9001: 2000 Quality System by International Certifications Limited. On 17 th August 2006 the appellant applied for registration of its trade mark ,,SUPER BRIGHT under Class 3 of the Schedule to the Trade Marks Act, 1999 and the said application is stated to be pending registration with the Registrar of Trade Marks. In the plaint the appellant has given the sale figures for the product ,,SUPER BRIGHT for the last four years are as follows: <FRM>JUDGEMENT_324_LAWS(DLH)8_2008.htm</FRM>