JUDGMENT

Sanjeev Narula, J.

I.A. No. 4175/2023 (u/Order XXXIX Rules 1 & 2 r/w Section 151 of the Code of Civil Procedure, 1908)

Clash between two registered owners of the trademark `ELEKTRON' for use in relation to electric wires and cables

1. The present case brings to the fore an intricate trademark dispute concerning the term `ELEKTRON'. When the commercial journey of the parties commenced, this term was embodied in two different devices being used concurrently, which were subsequently also registered independently under the umbrella of the two litigating parties, each confined to its exclusive product classification. This peaceful co-existence, however, has been breached due to an emerging overlap in the use of `ELEKTRON' for products - electric wires and cables. Defendants have a prior registration in the category/class in which the above products fall, which is vehemently contested by Plaintiffs on the basis of their prior use. Plaintiffs, while pressing for an injunction alleging infringement and passing off, raise doubts on Defendants' statutory rights. It therefore now falls to the judgement of this Court to unravel these complex intertwining claims and counter-claims.

THE PL