The main legal point established in the judgment is the requirement for pleadings to contain only material facts and not law, and the limited role of evidence in passing off suits.

Rajiv Sahai Endlaw, J.

1. The plaintiff has instituted this suit against the defendants no. 1 to 9 namely (i) British Indo German Industrial Organics Private Ltd. (ii) BIG Industrial Organics Private Limited (iii) Mr. Nitin Khullar (iv) Mr. Rakesh Rathour (v) Mr. Mangat Rai (vi) Mr. Raj Kumar Rathour (vii) Mr. Raman Kumar (viii) Mr. Vikram Rathour and (ix) Akash Rathour for (i) permanent injunction restraining the defendants from manufacturing, selling the goods under the mark PUREPASTE SAFETY SKIN PASTE or any other mark as may be identical or deceptively similar to the plaintiff's mark REINOL SAFETY SKIN PASTE amounting to passing off by the defendants of their goods as the goods and business of the plaintiff and diluting the plaintiff's mark REINOL SAFETY SKIN PASTE (ii) for delivery of all the impugned goods and (iii) for accounts.

2. The suit had come up first before this Court on 22nd November, 2016 when on the statement of the counsel for the plaintiff that there were some mistakes in pagination and amended plaint needs to be filed, the suit was adjourned for today.

3. The plaintiff has since filed amended plaint and which is taken on record.

4. It is the case of the plaintiff in the plaint (i) that the plaintiff is the sole proprietor of M/s. Treadfast Ventures and M/s Reinol Obstfeld India; (ii) M/s. Reinol Obstfeld India markets and sells the products manufactured by M/s. Treadfast Ventures; (iii) that the trademark REINOL was the property of M/s. Reino Industrial Organics Private Limited (RIOPL) which has assigned its rights in the said trademark vide Assignment Deed dated 28th August, 2014 in favour of the plaintiff; (iv) that the trademark REINOL is registered under number no. 428103 in Class-01 since 2014; (v) RIOPL was set-up by the father of the plaintiff for manufacturing industrial chemicals and the said company started manufacturing a safety skin paste by the name of REINOL SAFETY SKIN PASTE which is used by the industrial workmen to protect their hands from hazardous chemicals used in various industries; (vi) M/s. Gebr. Obstfeld GmbH & Co. + KG, Germany developed the formula of the paste and RIOPL acquired the technical know-how for the formulation of the paste from the said German Company; (vii) that since 1984 RIOPL has improved upon the said paste; (viii) at the time when REINOL SAFETY SKIN PASTE was launched in 1984 there were no other similar paste and though in the last 30 years other pastes have come in the market, REINOL SAFETY SKIN PASTE has the largest market share; (ix) that at the time when the father of the plaintiff set-up RIOPL, he had also involved the defendant no. 3 Mr. Nitin Khullar, who is the brother of the mother of the plaintiff, in the said business since the defendant no. 3 Mr. Nitin Khullar was then unemployed and 2% of the shares of the RIOPL were also issued to the defendant no. 3 Mr. Nitin Khullar; (x) however the presence of the defendant no. 3 Mr. Nitin Khullar in RIOPL was namesake and the said Company progressed with the sole efforts of the father of the plaintiff; (xi) that the defendant no. 3 Mr. Nitin Khullar left the country in 1993 and totally disassociated himself from RIOPL in 2008; (xii) other disputes and differences have arisen between defendant no. 3 Mr. Nitin Khullar on the one hand and the parents of the plaintiff on the other hand; (xiii) in July, 2016, it has come to the notice of the plaintiff that PUREPASTE SAFETY SKIN PASTE with deceptively similar packing, instructions and formulae has appeared in the market and purports to be marketed by the defendant no. 1; (xiv) the plaintiff however on search on the website of Registrar of Companies did not find any Company by the name of defendant no. 1; (xv) the distributors of the plaintiff also informed the plaintiff that they had been offered distributorship of PUREPASTE SAFETY SKIN PASTE by the defendant