LAWS(DLH)-2018-2-64

HSIL LIMITED Vs. IMPERIAL CERAMIC AND ANR

Decided On February 13, 2018
Hsil Limited Appellant
V/S
Imperial Ceramic And Anr Respondents

JUDGEMENT

(1.) The plaintiff has instituted all these suits for permanent injunction restraining the defendant/s in each of the suits from using the trade mark HINDUSTAN VITREOUS or H VITREOUS or any other mark that is deceptively similar to the trade mark of the plaintiff on its products or which infringes the trade mark of the plaintiff and from thereby passing off their goods as that of the plaintiff and for ancillary reliefs of delivery and costs.

(2.) Each of the suits was entertained and vide ex parte ad interim orders therein the defendant/s in all the three suits were restrained as sought and a commission issued to visit the premises of the defendants and to seize the infringing goods.

(3.) The counsel for plaintiff on enquiry states that the plaint in all the three suits is identical. This Court, for the purpose of this order, has referred to the plaint and the applications in CS (Comm.) No.1082/2016.