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2000 Supreme(Bom) 792

F.I.REBELLO
Rochem Separation Systems (I) Pvt. Ltd. . – Appellant
Versus
Tas Engineering Co. Pvt. Ltd – Respondent


JUDGMENT - F.I. REBELLO, J.:---This is a Notice of Motion taken out by the plaintiffs against the defendants. It is the case of the plaintiffs that they manufacture and/or market desalination plants under the trade mark "DISK TUBE". The plaintiffs was incorporated in 1992 and commenced business of manufacturing and marketing plants for desalination and purification of water since October, 1992 and since then has been continuously carrying on the said business. Plaintiffs have been selling their products under trade marks DT DISK TUBE commonly abbreviated to DT MODULE since 1992 on an extensive scale. The plaintiffs have applied for registration of trade marks DT, DT DISK TUBE and DISK TUBE in Class 7 of the Fourth Schedule to the Trade and Merchandise Marks Act, 1958. The said applications are pending. It is the case of the plaintiffs that though they have applied for registration of the mark DISK TUBE, they are also marketing goods under the mark "DISC TUBE". Plaintiffs have annexed various documents to the plaint and have also relied on an affidavit to contend that the affiants associate the mark DT DISK TUBE with the plaintiffs. Six such affidavits have been filed. The plainti

























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