Bhaskar Bhattacharya, J.

This appeal under Clause 15 of the Letters Patent is at the instance of a defendant in a suit for damages alleging passing off and is directed against order dated January 21, 2011, passed by a learned Single Judge of this Court by which His Lordship allowed an application for injunction restraining the appellant from using the mark “Orient” or any colourable imitation thereof in respect of the item of electric lamps till the disposal of the suit. Being dissatisfied, the defendant has come up with the present appeal. The respondent before us, viz. one Jayanta Lamp Industries Pvt. Ltd. filed in the Original Side of this Court a suit being C.S. No.259 of 2009 against the appellant, viz. Orient Papers & Industries Ltd. and thereby praying for a decree for permanent injunction restraining the defendant, its group of companies, directors, servants, agents, assigns, dealers and retailers and each of them, from in any way using the trademark ORIENT or any other mark deceptively similar thereto in respect of lamps of any description and also for permanent injunction restraining them from in any way passing off the lamps of the plaintiff by manufacturing, causing to manufacture, selling, advertising lamps bearing the trademark, “ORIENT” or any other mark deceptively similar thereto in respect of lamps of any description and also for a decree of Rs.11 lakh as damages. The case made out by the respondent in the aforesaid suit may be summed up thus:

The plaintiff is the owner of the mark ORIENT and holds registrations and applications for the mark ORIENT in different classes as mentioned below: REGISTREATIONS Registration No. Class Registration Date Mark Goods 476093 11 30/07/1987 ORIENT (Label) Electric bulbs for sale in the state of West Bengal 690934 11 18/12/1995 ORIENT Electric lamps (word) 1300733 09 05/08/2004 ORIENT (Label) Electronic goods, apparatus and appliances and parts, fittings and accessories thereof, computers, data processing equipments, computer hardware, computer peripherals, printers, battery, chocks, starters, switch, electrical wiring accessories, electric plugs, lamps holder, electronic ballast, electronic chocks.

APPLICATION

Application No.

Class Date Goods

1502478 11 08/11/2006 Electric lighting and fittings, electric lamps i.e. Tube lights, night lamps, bulbs, CFL, discharge tube lamps, auto lamps, spotlight, lighting installation for vehicles, electrical fans.

a) The products manufactured and sold by the plaintiff are of high quality and by reason of its extensive user, publicity and large sales, the mark ORIENT has acquired tremendous goodwill and reputation in favour of the plaintiff in respect of lamps of diverse descriptions. Trades and customers associates identify the mark ORIENT with the plaintiff and none else in respect of lamps of diverse descriptions.

b) Due to the excellent quality and extensive publicity and the sale of the products, the mark ORIENT has acquired tremendous reputation amongst the trade and public in respect of lamps and the members of the public and trade identify the products of the plaintiff with the said mark, which has now become a household name associated directly with the plaintiff.

c) The defendant/company is an old and established company engaged in the business of manufacture and marketing of papers of diverse kinds and quality, cement and fans. From the website of the defendant under the headings “Home” and “Product”, it is evident that the defendant is engaged in the business of papers, cement and fans only. The defendant is the proprietor of the unit known as Orient Fans. The defendant used the trademark ORIENT in respect of fans being “devices for ventilation”.

d) In or about March, 2008, the plaintiff had come across lamps under the trademark ORIENT originating from the defendant. Soon thereafter, the plaintiff caused to serve a cease and desist notice dated March 28, 2008 on the defendant and thereby directing the defendan