INDCON STRUCTURALS PVT. LTD. Vs. BETON TILE COMPANY

JUDGEMENT

(1.) This appeal is by the plaintiff, who lost the suit filed for permanent injunction restraining the defendants from any manner passing off the product by name 'Diana' with butch work on pre-polished cement concrete wall tiles and for rendition of account.

(2.) The plaint averments are as below:-

(3.) While so, they came across the cement concrete tiles with butch work which are an exact imitation of the plaintiff company's unique tiles with butch work. On enquiry, the plaintiff came to understand that the same is being manufactured by the first defendant and marketed by the seventh defendant. The said action of the defendants in manufacturing and marketing a slavish imitation of cement concrete wall tiles with butch work is illegal and amounts to passing off by creating confusion in the minds of the trade and the consuming public. The defendants have slavishly and religiously copied the four patterns in the plaintiff company's tiles 'MONALISA' which will clearly show the dishonest intention and motive of the defendants. Hence, the suit filed for the following relief granting permanent injunction:-