PARUL RUPARELIA Vs. CAMME WANG

JUDGEMENT

(1.) This is a suit for infringement and passing off.

(2.) Originally, the petitioners as dealers in diverse types of torches and spare parts were carrying on business from a shop "Variety Stores". In or about 2006, the petitioners decided to import both spare parts and torches for sale in the Indian market and entered into an arrangement whereby the same were imported from the respondent no.1 based in China. Subsequently, the petitioners also began to import rechargeable led pocket lights. It is alleged that in carrying out such imports of torches the petitioners coined, conceived and adopted the mark "SUPREME". The petitioners also allege to have adopted other marks such as Bina, Sunled, Kisan King, Gold Led and Chota Kesar.

(3.) Since 2013, the petitioners decided to further distinguish their products by adding "PL" to the existing mark "SUPREME" and adopted a unique and distinctive mark "PL SUPREME". It is alleged that the component "PL" was coined and adopted as a contraction of the first name of the petitioner no.1 "PARUL" and also an abbreviation of the words Polar Lights in English translation of the petitioner 's son 's name 'Dhruv '. Thus, the mark "PL SUPREME". It is alleged that the petitioners have been using the mark since 2013 whereas the mark "SUPREME" is being used since 2006.