The main legal point established in the judgment is the significance of prior use and reputation in determining trade mark infringement, and the distinction between coined/invented words and descriptive words.

( 1 ) THIS application is filed by the plaintiff invoking the provisions of Order XXXIX Rules 1 and 2 as well as Section 151 of the Code of Civil Procedure. Ad-interim injunction is prayed for during the pendency of the main suit filed by the plaintiff. Main suit is for permanent injunction, restraining passing off, rendition of accounts or profit, delivery up, etc.

( 2 ) THE plaintiff, PLASTINDIA FOUNDATION, is a registered trust under the Bombay Trust act, 1950 having registration No. F-12156. The plaintiff trust was organised and formed in the year 1987, as an apex body of associations of all the leading organisations and institutes concerned, directly or indirectly with the manufacture, sale and or promotion of plastics, their related materials and products in India. The membership of the plaintiff organisation consists of: i) Founder Members, who are associations, organisations or Institutions which are interested, directly or indirectly in serving the wider objectives and sectors of the plastic industry, related materials and their products. These members have an All-India character as their members are drawn from all over the country. There are, in all, seven Founder member organisations, associations and institutions, which together have a membership of around 8500 individual members or companies. ii) Patron members, are Undertakings, incorporated or otherwise, connected directly or indirectly with the plastic and/or related material industry. In all, there are 12 such members.

( 3 ) IT thus claimed that all known and reputable manufacturers, marketeers, traders, processors, mould and machinery manufacturers of plastics and related products, are directly or indirectly connected with the plaintiff foundation. The plaintiff trust, as part of its main objectives is involved in the rendering of the following services:-

I. the promotion, development, co-ordination and guidance of the growth of the plastic industry, comprising of manufacturers of raw materials, additives and other related materials, manufacturers, processors, machinery and auxiliary equipment manufacturers, mould designers and mould makers, and activities concerned directly or indirectly with plastic industry; ii. The improvement, advancement, expansion and widening the use of plastics and related materials and their products, to serve end consuming industries and to benefit the consumers of plastic products as a whole; iii. Assisting and co-ordinating the efforts of the Indian Plastic Industry in the advancement/improvement of manpower development, research and development, technological standards, product design and education and training in the plastic industry; iv. To provide assistance and encouragement and bring about co-operation amongst various associations, organisations, agencies, government/semi-government authorities, educational and training institutions and Randd establishments for the growth and projection of an appropriate image of the plastic industry.

( 4 ) IT is stated in the plaint that the plaintiff foundation has been carrying on the above activities and services under the mark/trade mark PLASTINDIA ever since its formation in the year 1987. One of the major activities of the plaintiff is the organisation of international Exhibitions on Plastics at regular intervals, to focus, project and promote the Indian plastic Industry. These exhibitions are held under the mark PLASTINDIA. The plaintiff also claims that it organises conferences with participants and speakers drawn from all over the world. Thus, the name and plastindia, has acquired a national and international reputation and goodwill and is well known among all those directly or indirectly associated with the plastic industry. The name and mark PLASTINDIA is exclusively associated with the plaintiff and none else and any reference to the said name, in the context of the plastic industry, would connote and denote an association or connection with the plaintiff. The plainti