Important Point – Injunction cannot be granted where no strong prima facie case is made out by plaintiff for getting relief of temporary injunction.

1) Appeal is admitted. Notice after admission, made returnable forthwith. By consent, heard for final disposal.

2) The appeal is filed against the order made on Exhibit 5 by District Judge-1 Newasa, District Ahmednagar in Trade Mark Suit No.1/2015. In the suit filed by the present respondent, Chemical Industry, against the appellants, order of temporary injunction of following nature is made:-

"The defendants are hereby restrained, by themselves or through their servants, agents or through anybody else on their behalf, from using the trade mark "JAL DROP" or any other trade mark identical or deceptively similar to the plaintiff's registered trade mark "JEEVAN DROP" till final decision of the suit." Initially ex-parte order of temporary injunction was made and it is confirmed on merits, after hearing both sides.

3) The suit is filed by present respondent under section 134(2) of the Trade Marks Act 1999 (hereinafter referred to as "the Act"). The plaintiff is a manufacturer of chemical substance, Sodium Hypochlorite Solution. This substance can be used as drinking water disinfectant. It is the case of the plaintiff that it is in the business of manufacturing and marketing of this substance for more than two decades. It is contended that in the month of August 1996 the plaintiff conceptualized and adopted the trade mark "JEEVANDROP". It is contended that application for registration of the trade mark was made on 30-8-1996 in Class 5 of the goods of the Act and the trade mark has been registered.

4) It is the case of the plaintiff that it has been using the word "JEEVANDROP" as trade mark and it is also using artistic logo having this word. The plaintiff has given the picture of logo in the plaint. It is the case of the plaintiff that it has been selling the aforesaid product in bottles in Maharashtra, Gujarat and Goa since more than 2 decades.

5) It is the case of the plaintiff that under the agreement deed dated 29-5-2012 it had appointed defendant No.2, Shri. Swami Samarth Agencies, as its sole distributor for Maharashtra region. It is contended that this agreement came to an end on 29-5-2014. It is contended that the plaintiff has spent huge amount on the publicity of the aforesaid brand name. It is the case of the plaintiff that defendants have no right to use the aforesaid trade mark or similar trade mark in view of the reputation and good will earned by the plaintiff.

6) It is the case of the plaintiff that in the month of October 2014 the plaintiff came across an application made by the wife of defendant No.2, Smt. Jyoti Wani for registration of trade mark "JALDROP" in class 5 and so the plaintiff took objection to the registration and gave notice to the said lady about the objection. It is contended that initially Smt. Jyoti contended that logo was created by her and it was her design but subsequently she withdrew the application.

7) It is the case of the plaintiff that in the month of March 2015 it came across a product of defendant No.1 in the market by name "JALDROP" and he noticed that the label of the bottle was similar to the label of the plaintiff 's brand "JEEWANDROP". It is contended that as per information of the plaintiff, defendant No.3 has applied for registration of trade mark "JALDROP" in Class 5 and this trade mark is deceptively similar to the trade mark "JEEVANDROP" of the plaintiff. It is contended that the defendant Nos.2 and 3 are marketing the product "JALDROP" of defendant No.1 and they are acting together. Defendant No.2 Ratnakar is said to be a cousin brother of defendant No.3 Smt. Seema.

8) With the plaint, plaintiff has produced specimen labels of his own product and the product of defendant No.1. It is the case of the plaintiff that there is infringement of his trade mark "JEEVANDROP" due to the use of trade mark "JALDROP" and it is substantially similar to the trade mark of plaintiff. It is contended that by adopting the trade mark "JALDROP" with dishonest intention defendants want to de