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MINI PUSHKARNA
Eastman Auto and Power Ltd. – Appellant
Versus
Amritpal Singh Proprietor of Akai Battery House – Respondent
JUDGMENT :
Mini Pushkarna, J.
1. The present suit has been filed by the plaintiff against the defendant seeking permanent injunction restraining infringement of trade mark, passing off, unfair competition, rendition of accounts, damages and delivery up.
2. The plaintiff is aggrieved on account of the defendant’s unauthorised adoption and use of the mark EASTPOWER/ 
, on the ground that the same infringes upon the trademark of the plaintiff “EASTMAN”/ 
, being deceptively similar to the plaintiff’s prior adopted trademark used in relation to identical goods i.e. batteries.
3. Case as canvassed on behalf of the plaintiff, is as under:
3.1 The plaintiff company is a part of the renowned “Eastman Group” and is one of the leading battery manufacturers in India, having its annual turnover of approximately Rupees Two Thousand Four Hundred Crores. The plaintiff is the leader in supplying high-quality industrial products particularly the car, truck, two-wheeler and inverter batteries.
3.2 The plaintiff has honestly and in a bona fide manner conceived and adopted an inherently distinctive wordmark EASTMAN in the year 1982 with the formation of the Eastman Industries Limited (EIL) and obtained regist
Trademark infringement occurs when a mark is deceptively similar to a registered trademark, causing confusion among consumers.
Each act of trademark infringement constitutes a fresh cause of action, allowing the aggrieved party to file a new suit for ongoing violations.
Trademark infringement under Section 29(2)(b) of the Trade Marks Act was established based on the likelihood of confusion among consumers due to the defendants' use of a mark similar to the plaintiff....
The use of the mark 'SUPER POSTMAN' by defendants was found to infringe the plaintiff's rights in the 'POSTMAN' mark due to deceptive similarity and ongoing goodwill of the plaintiff's trademark desp....
The main legal point established in the judgment is the protection of trademarks, the likelihood of confusion or deception arising from the similarity of marks, and the prima facie case of infringeme....
Ex-parte ad-interim injunction vacated for suppression of material facts in trademark infringement suit; plaintiff must disclose fully prior ownership, adverse orders, relationships with clean hands;....
The central legal point established in the judgment is the infringement of a registered trademark under the Trademarks Act, 1999, and the entitlement to a permanent injunction and damages for the vio....
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