1. This is the Plaintiffs’ application for a restraint order in an action for passing off. The rival marks are identical: LEAKGUARD.

There is no question, therefore, of assessing any similarity or deceptive similarity. Both sides claim to be using the mark in relation to solvent cements and similar chemicals and compounds. Although the Defendants are based in Jalgaon, their sales do not appear to be territorially or geographically restricted. Plaintiff No.1 (“Pidilite”) is a well-known manufacturer of, among other things, various types of adhesive products. Plaintiff No. 2 (“Hardcastle & Waud”) claims to have adopted the mark in question and later assigned its rights to the 1st Plaintiff.

2. The Plaintiffs claim prior user since 1999. This is when, according to them, Plaintiff No. 2, Hardcastle & Waud, began using this name in respect of solvent cement as a liquid chemical. On 29th April 1999, Hardcastle & Waud made Application No. 85374 for registration of a label mark containing the word “LEAKGUARD” along with the expression HOLDTITE for use in relation to industrial chemicals. This application has since proceeded to registration. A few years later, from 2001, Hardcastle &