RELIANCE INDUSTRIES LTD Vs. RELIANCE POLYCRETE LTD

JUDGEMENT

(1.) THIS is a Notice of Motion for injunction in an action for passing off. By this Notice of Motion, Plaintiffs seek to restrain the Defendants from using in respect of any goods the mark "reliance" or any other mark which is deceptively similar to the mark "reliance" so as to pass off the business and/or products of the Defendants as those of the Plaintiffs. The Plaintiffs also seek an injunction to restrain the Defendants from using the work "reliance" as part of its corporate name. The Plaintiffs further seek ancillary reliefs.

(2.) MR. Tulzapurkar submits that the Plaintiffs were incorporated in 1966 as Reliance Textiles Industries Limited. He submits that in 1976 one Nylon Limited was amalgamated with the Plaintiffs. He submits that in 1985, the work "textile" was deleted from the name of the Plaintiff Company. He submits that the Plaintiffs are manufacturing Textiles, Yarn, Petrochemicals and Polyester Resins. He submits that the Plaintiffs have "reliance" as a Registered Mark in Class-23 under No. 34123-B. Mr. Tulzapurkar however clarifies that in this Notice of Motion Plaintiffs are not claiming any reliefs on the basis of infringement.

(3.) MR. Tulzapurkar further submits that apart from the Plaintiffs, there are a large number of group Companies carrying on varying businesses under the following names :