PATHANJALI AYURVED LIMITED Vs. DIVYA YOG MANDIR TRUST

JUDGEMENT

(1.) This appeal has been filed as against the order dated 06.08.2020 passed in O.A.No.258 of 2020 in C.S.No.163 of 2020, whereby the learned Single Judge made the interim order granted on 17.07.2020 absolute and restrained the appellant/defendants herein from infringing the respondent/plaintiff's registered trademark bearing the name "Coronil" and from using the objectionable trademark's and/or deceptive variation of the applicant's trademark singularly or in conjunction with any words or monogram/s/logo/s upon and in relation to their product/business in any manner whatsoever pending disposal of the suit.

(2.) The appellants are the defendants in the suit. The respondentCompany is the plaintiff, which instituted the suit. For the sake of convenience, the parties herein are referred to as the plaintiff and the defendants as ranked in the suit.

(3.) The case of the plaintiff is that it is a private limited company registered under the Companies Act, 1956. They are carrying on business of chemical cleaning and manufacturing of material handling system and polymeric epoxies for various factories in India and abroad. They have been carrying on such business for more than 20 years and had gained significant reputation within the industrial fraternity. They have registered the mark 'Coronil-213 SPL' and 'Coronil-92B' in the year 1993. They have also renewed the registration of the trade mark and currently, the trademark is valid until 2027. The product of the plaintiff, namely Coronil is a chemical agent for sanitising and cleaning heavy industrial machinery and containment units at factories with minimal corrosion, thus, reducing the overall depreciation in the value of units during the cleaning process. Some of the clients of the plaintiff are Bharat Heavy Electricals Limited, NTPC Limited, Reliance Industries Ltd., Indian Oil Corporation, National Productivity Council, etc. The trade mark Coronil has been put to use continuously for many years since its inception in respect of its reputation as an industrial cleaning agent, which has resulted in the product receiving loyal and extensive patronage from numerous customers all over the world, including India.