S M ENTERPRISES Vs. HYDERABAD LAMPS LTD

JUDGEMENT

(1.) PLAINTIFF has filed a suit thereby claiming a decree for permanent injunction restraining defendants, their servants, agents, dealers, representatives etc. from manufacturing, selling, offering for sale or otherwise dealing in Fluorescent lamps and tubes, chokes for fluorescent tubes, fittings for fluorescent lamps and tubes or any other goods of same description or cognate or allied goods under the trade mark SOLAR and/or any other trade mark which may be identical and/or deceptively similar to the trade mark SOLAR and for rendition of accounts.

(2.) PLAINTIFF alongwith the suit has also filed an application being I.A. No. 3525/87 under Order 39 Rules 1 and 2 read with Section 151 of Civil Procedure Code for grant of temporary injunction to restrain defendants, their servants, dealers, representatives etc. from using the trade mark SOLAR or any other trade mark and/or deceptively similar thereto in respect of the aforesaid goods.

(3.) IN Rawal INdustries P. Ltd (supra) this Court held that no person is entitled to describe or mark his goods as to represent the goods of another. The court disposed of an application of plaintiff filed under Order 39 Rules 1 and 2 CPC for grant of temporary injunction and restrained defendants from using the offending trading style Duke Enterprises and the trade mark Duke in respect of insulated automobile cables and other automobile parts. Defendants in that case, it was alleged, started selling P.V.C insulated automobile cables under the trade mark DUKE. It has been further held as under: