The adoption of a trademark that is deceptively similar to a registered trademark amounts to infringement of the registered trademark and disobedience of a decree for permanent injunction restraining the use of such a mark.

( 1 ) THE main question for determination in this application under Order XXI. Rule 32, and s. 151 of the Code of Civil Procedure, 1908, is whether the mark osso adopted by the respondents-judgment-debtors Is deceptively similar to the registered trade mark essco of the petitioners-decree-holders and amounts to disobedience of the decree for permanent injunction passed by this Court in favour of the petitioners against the respondents on July 30, 1980.

( 2 ) ON February 14, 1980, the petitioners-decree-holders M|s. Essco Sanitations, brought a suit seeking permanent injunction restraining (1) the judgment-debtors, their servants, agents, representatives, dealers, workmen and all those acting for and on their behalf from infringing their registered trade mark No. 214447 by adopting and|or using the mark esso and|or any other deceptively or confusingly similar mark which was an infringement of their registered trade mark essco in relation to brass cocks (sanitary and bath-room fittings); (2) from manufacturing, selling, offering for sale and|or otherwise dealing in sanitary and bathroom fittings including brass cocks under the mark esso or any other deceptively similar mark being colourable imitation of their trade mark essco as was likely to cause confusion and deception and from passing off these goods as those of the decree-holders in any manner whatsoever. They also prayed for an order for destruction of the goods, cartons, dies and blocks, labels and other media bearing the impugned mark esso , and for rendition of accounts etc.

( 3 ) THE reliefs were claimed mainly on the allegations that in the year 1961 the decree-holders adopted the trade mark essco in relation to sanitary and bath-room fittings particularly brass cocks of its manufacture and sale as a distinctive trade mark. The said trade mark was duly registered under the Trade and Merchandise Marks Act. 1958. under No. 214447 and had acquired high reputation and was well-known in the market and had come to mean the products of the decree-holders exclusive manufacture. The Judgment-debtors M|s. Mascot Industries were manufacturing and selling various types of sanitary bath-room fittings including brass cocks and had adopted an identical and deceptively similar mark esso as that of the decree-holders trade mark.

( 4 ) IN these proceedings, the decree-holders had also filed an application (IA No. 595|80) for temporary injunction. The judgment-debtors resisted the suit as well as the application for temporary injunction. However, this Court vide order dated May 6, 1980, granted temporary injunction restraining the judgment-debtors from infringing the registered trade mark essco of the decree-holders and from manufacturing, selling or offering for sale or otherwise dealing in bath-room fitings including brass cocks under the mark esso or any other colourable imitation thereof.

( 5 ) THE parties thereafter entered into a compromise and on July 30, 1980, filed an application under Order 23, Rule 3, read with s. 151, Civil Procedure Code. , for passing a decree in terms of the said compromise petition. The terms and conditions of the compromise are as under :

" (I) That the defendant No. I admits the plaintiff s right to the trade mark ESSCO in respect of sanitary and bath-room fittings including brass cocks etc. (ii) That defendant No. I admits the validity of the plaintiff s registered trade mark ESSCO under registration number 214447 under the Trade and Merchandise Marks Act 1958. (iii) That the Defendant No. I admits the right of the Plaintiff to the exclusive use of the trade mark ESSCO along with the get-up, layout and colour scheme in respect of which the aforesaid trade mark is attached to the goods of the Plaintiffs manufacture and sale. (iv) That the Defendant No. I undertakes not to manufacture, sell, offer for sale directly or indirectly deal in through his representatives, agents, servants and dealers sanitary and bath-room fittin