BAID ROTOMOULDERS PVT LTD. Vs. S. M. INDUSTRIES

JUDGEMENT

(1.) By way of instant Civil Miscellaneous Appeal, appellantplaintiff (hereinafter referred to "the plaintiff") is praying for grant of temporary injunction against the respondent-defendant (hereinafter referred to "the defendant") for not using the trade name 'POLYGON' for manufacturing and sale of water tank and PVC pipes, container water storage, hose pipes, DHPE pipes, flexible pipes and conduit pipes, rigid PVC etc. because this trade name is deceptively and phonetically similar to its registered trade name of 'POLYCON' and has prayed to set aside the impugned order dtd. 12/10/2015 whereby and whereunder plaintiff's application for temporary injunction was dismissed by the Trial Court.

(2.) Heard learned counsel for both parties, perused the impugned order and record placed before this Court.

(3.) It appears from the record that the plaintiff instituted civil suit for permanent injunction alongwith an application for temporary injunction on 13/2/2015 on the ground of infringement/passing off his registered trademark 'POLYCON' against the defendant alleging inter alia that on 10/12/2014, it came to knowledge of plaintiff-company that defendant-company has started manufacturing and selling products of PVC pipes, hose pipes, DHPE pipes, flexible pipes and conduit pipes etc. by using the trademark 'POLYGON' after copying the trademark of plaintiff 'POLYCON' and since the trademark of plaintiff is registered; both trademark are deceptively and phonetically similar, the use of such trademark by respondent is illegal. Plaintiff alleged that the defendant has started to use the trademark 'POLYGON', dishonestly in order to gain the benefit of the goodwill of the registered trademark of plaintiff and thereby the defendant is misleading customers, traders and public. Plaintiff alleged that such action of defendant is infringement of registered trademark of plaintiff and since plaintiff is prior user of his trademark, 'POLYCON', therefore starting the business by the defendant in the trademark of 'POLYGON' is illegal and against provisions of Trademarks Act, 1999, accordingly, the plaintiff prayed for to restrain the defendant by way of permanent injunction and until decision of suit, by way of temporary injunction not to use trademark of Polygon for his business activities.