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High Court Of Delhi
HI-TECH PIPES LTD - Appellant
Versus
ASIAN MILLS PVT LTD - Respondent
Decided On : 01/04/2006
Piracy of Trade Mark - Steel Pipes - The court discussed the legal provisions related to trade mark infringement, passing off, and secondary meaning, and their influence on the court's decision.
Fact of the Case:
The plaintiff filed a suit for perpetual injunction against piracy of trade mark, copyright, passing off, and rendition of accounts in relation to the mark 'gujrat' used for steel pipes. The defendant was selling ms ERW pipes under the trade name 'gujarat'.
Finding of the Court:
The court analyzed the plaintiff's establishment and use of the trade mark since 1985, its application for registration, and the acquisition of secondary meaning and distinctiveness through extensive use and publicity. The court concluded in favor of the plaintiff.
Issues: Piracy of trade mark, passing off, and rendition of accounts in relation to the mark 'gujrat' used for steel pipes.
Ratio Decidendi: The court found that the plaintiff's trade mark had acquired secondary meaning and distinctiveness through extensive and exclusive use, leading to the conclusion in favor of the plaintiff.
Final Decision: The court decided in favor of the plaintiff, granting perpetual injunction against the piracy of the trade mark and ordering rendition of accounts.
( 1 ) THE plaintiff has filed a suit for perpetual injunction restraining piracy of trade mark, copyright, passing off and rendition of accounts in respect of the mark gujrat in relation to his products steel pipes, etc. The defendant is selling ms ERW pipes under the trade name gujarat.
( 2 ) THE plaintiff company claims to have been established in the year 1985 and started manufacturing steel pipes since 1988. The trade mark gujrat is stated to have been adopted in the year 1985 by the predecessor of the plaintiff and the plaintiff has been using it since 1988. The said trade mark is stated to have acquired secondary meaning and dtstinctiveness on account of its open, regular, continuous, extensive and exclusive use coupled with large scale publicity and advertisement. The plaintiff is stated to have filed an application for registration of the trade mark in respect of all kinds of steel tubes, pipes falling in class-06 on 06. 12. 1994 before the Registrar of Trade Marks, New Delhi. The total sales figures of the product have been given in Para 10 of the plaint as under:
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