Johnson Paints Co. vs Johnson Paints Private Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Pat) 270

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, PRAVEEN KUMAR
Johnson Paints Co. – Appellant
Versus
Johnson Paints Private Limited – Respondent

Advocates Appeared:
For the Appellant : Ajit Kumar
For the Respondents: Gautam Kejriwal, Mohit Agarwal, Twinkle Kumari

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. This appeal has been preferred for setting aside the order dated 16.11.2024 passed by the learned Principal District Judge-cum-Commercial Court, Patna (hereinafter referred to as ‘the learned Commercial Court’) in Commercial Dispute Case No. 02/2023 by which the learned Commercial Court has been pleased to refuse the prayer for interim/ad-interim injunction on the petition dated 08.12.2023 filed by the plaintiff-appellant.

Brief Facts of the Case

2. The appellant is a registered partnership firm engaged in manufacturing and trading of various types of products such as paints, lacquers, coatings, thinner, oxide colours, primer, preservatives against rust and deterioration, cement paints, plaster of paris, gypsum powder and its allied products (“hereinafter cumulatively referred to as “the products”).

3. According to the plaintiff, one Late Krishna Prasad is the founder of the business who had coined and adopted a trademark “JOHNSON”, initially for only few products such as red oxide, primer and cement paint known as ‘CEM’ in the year 1987. He had set up a proprietorship firm named as Johnson Paints (1) in the undivided State of Bihar. The firm got a