M R F LIMITED Vs. METRO TYRES LIMITED

JUDGEMENT

(1.) APPLICATION No. 1338 of 1988 has been filed under Order XIV Rule 8 of O.S. Rules and under Or. 39 Rules 1 and 2 C.P.C. praying for an order of interim injunction restraining the respondents their agents, etc. from manufacturing selling advertising and offering for sale of tyres, tubes, flaps etc, used for vehicles with the name 'RADIALGRIP' or any other trade name which is in any way deceptively/phonetically similar to the applicant's registered trade mark "NYLOGRIP" registered under No. 419813 in class-12 pending disposal of the suit.

(2.) THE applicant M.R.F. limited has filed the suit C.P.No. 279 of 1988 for the reliefs of permanent injunction restraining the defendants from manufacturing selling etc. for sale of tyres, tubes etc. used for vehicles with the name RADIALGRIP or any other trade name which is in any way deceptively/phonetically similar to the plaintiff's registered trade mark 'NYLOGRIP' and for rendition of accounts of the profit earned by them in the course of the trade using the name RADIALGRIP or using the get up and mark as shown in Document Nos. 5 and 6 for directions to the defendant to pay to the plaintiff the profit earned by such passing off committed by the defendant and for a direction to surrender all the printed materials, tyres letterheads, dies, blocks etc. With the tread pattern with the machines used for the purpose of manufacturing the same for destruction and for costs.

(3.) THE Nylogrip tyre have enjoyed tremendous popularity and sales have been shooting up year by year. THEy have built up goodwill and reputation by massive advertising campaigns highlighting the distinctive features of the tyres.