KAMANI OIL INDUSTRIES PVT. LTD Vs. BHUWANESHWAR REFINERIES

JUDGEMENT

(1.) The Plaintiff is an existing Company incorporated under the Companies Act 1956, engaged inter alia in the business of manufacturing and marketing edible oils of all kinds. The Plaintiff has through its predecessor KAMANI OILS been using the trade mark KAMANI in respect of edible oils, vegetable oils and fats and other like goods since the last nearly five decades.

(2.) The Defendant is an existing Company incorporated under the Companies Act 1956, engaged inter alia in the business of manufacturing and marketing refined edible oil.

(3.) The Plaintiff has filed the present Suit against the Defendant for a perpetual order and injunction restraining the Defendant from infringing the registered trade mark of the Plaintiff 'RISO', and also from passing off their goods/products as those of the Plaintiff by using the mark 'RISOLITE', or any other mark deceptively similar to the Plaintiff's registered mark. By the present Notice of Motion, the Plaintiff has sought a temporary injunction against the Defendant from manufacturing and marketing its rice bran oil by using the mark 'RISOLITE'. The Plaintiff has previously obtained an exparte adinterim order on 03.12.13, whereby the Defendant was restrained from using the Plaintiff's mark 'RISO' pending the hearing and final disposal of the Suit. Vide an order dated 13.12.13, this Court had granted leave under Clause XIV of the Letters Patent for the joinder of the cause of action for passing off along with the cause of action for infringement.