V PICHANDI Vs. G CHAKRAPANI MATCH WORKS

JUDGEMENT

(1.) By this appeal from Order the original plaintiff challenges the order dated 7th August, 2004, passed by the Additional District Judge, Aurangabad on application Exh. 5 for temporary injunction filed in Regular Civil Suit No. 1 of 2003.

(2.) The plaintiff/appellant has filed suit against the respondents for relief of perpetual injunction restraining them from selling safety matches, manufactured and marketed by them using the offending trade mark, which is similar to the trade mark on the safety matches manufactured by the plaintiff and for interim protection, application Exh. 5 is filed.

(3.) As per plaintiff/appellant he is proprietor of distinctive trade mark consisting of word "PLUS-2" along with distinctive device of heart visual also having distinctive get up by out arrangement and colour scheme. Such trade mark is adopted by the plaintiff in the month of May, 1984. The plaintiff/appellant is doing his substantial business in the sale of safety matches under the trade mark "PLUS-2", particularly in the districts of Aurangabad, Beed and Ahmednagar. From March, 1984 to March, 2003, he has done business worth Rs. 11,40,000/-. Recently, the plaintiff came to know that defendant No. 1 was manufacturing safety matches bearing offending mark "PLUS-5" which is identical to the mark "PLUS-2" manufactured by the plaintiff. Due to use of offending similar trade mark, the customers are purchasing safety matches manufactured by defendant No. 1 under his belief that they are purchasing safety matches with trade mark "PLUS-2". Defendant No. 2 is dealer of defendant No. 1. Defendant Nos. 3 to 5 are retail sellers of goods at Aurangabad. The defendants are also passing off safety matches bearing offending mark "PLUS-5" as and for well known and reputed safety matches bearing trade mark TLUS-2". Consequently, the plaintiff is subjected to heavy and irreparable loss to his reputation. It is also stated during arguments that in a raid effected by the Excise Officers, large quantity of boxes bearing mark "Puls-5" which is also identical to "PLUS-2" with minor changes is found.