JUDGMENT :

Manmohan Singh, J.

The plaintiff has filed the suit for passing off on the basis of prior user and adopter of the mark "INNOVOLT". The plaintiff claims that they are the proprietor of the mark, as it is a coined mark which cannot be appropriated by the defendant in relation to same description of alleged and cognate goods.

2. The main case of the plaintiff is that the plaintiff adopted the mark "INNOVOLT" for a wide range of products and services related to electronic and power saving since 2005 and 2007 in the United States of America and in India respectively. The mark "INNOVOLT" was first coined by the plaintiff. It has been using the mark "INNOVOLT" worldwide since 2005 and commercially since 2008.

3. The mark "INNOVOLT" is registered in USA vide Registration No. 4070632 since 13th December, 2011. The said mark of the plaintiff is presently pending registration in India vide Application No. 2231196 in class 9 for "VOLTAGE SURGE PROTECTORS and VOLTAGE SURGE SUPPRESSORS".

4. The reputation of the "INNOVOLT" name/mark is not limited only to electronics/appliance protecti