C.S. AGENCIES Vs. KALAIMAHAL

JUDGEMENT

(1.) The order on I.A.No.1817 of 2014 in O.S.No.5 of 2014 on the file of the Court of the Additional District Judge -V, Kollam, is under challenge in this appeal.

(2.) The plaintiff in the suit is the appellant. O.S.No.5 of 2014 is a suit filed under Sections 134 and 135 of the Trade Marks Act, 1999 ('the Act' for short), seeking a decree of permanent prohibitory injunction restraining the defendants, their agents, dealers, employees, stockists, distributors, sellers and persons directly or indirectly associated or connected with them, from selling, disposing of, dealing with, or marketing their goods by using the trade description or trade mark Kera Pump or containing trade mark similar or identical to and or deceptively similar to that of Kera Pump.

(3.) The case of the plaintiff is that they are manufacturing mono -block, centrifugal and submersible pumps under the trade mark Kera Pumps from 2002 onwards; that they have obtained registration of their trade mark; that they are selling the products with the label Kera Pumps engrossed in a particular manner and that therefore, they have the exclusive right to use the trade mark Kera Pumps for the trade of the aforesaid motor pumps. According to the plaintiff, in the year 2009, at the request of the first defendant, the manufacturing of the pumps was entrusted to them on condition that the manufacturing of the pumps under the said trade name shall be exclusively for them. It is their case that though the arrangement entered into with the first defendant for the manufacturing of the pumps was stopped with effect from 1.4.2014, it has come to their notice that the first defendant is deceptively using the plaintiff's trade mark by suffixing a word Company in the pumps manufactured by them to make it appear that the pumps manufactured by them are the products of the plaintiff. The conduct of the first defendant in using the name Kera Pumps for the products manufactured by them, according to the plaintiff, amounts to infringement of the trade mark of the plaintiff and hence the suit.