PIDILITE INDUSTRIES LIMITED Vs. RIYA CHEMY

JUDGEMENT

(1.) The present Interim Application has been heard finally at the ad-interim stage by consent of the parties.

(2.) A brief background of facts is necessary.

(3.) The Plaintiff is a world-renowned company, carrying on business in the field of sealants and adhesives, construction and paint chemicals, art materials, industrial adhesives, industrial and textile resins and organic pigments and preparations since at least 1969. The mark M-SEAL was conceived and adopted by the Plaintiff's predecessors in title i.e., Mahindra Van Wijk and Visser Ltd. (later known as Mahindra Electrochemical Products Ltd. - "MEPL".) in or about the year 1968, and has been continuously, extensively and in an uninterrupted manner used since then. (Paragraph 5, pages 4-5 of the Plaint)