The main legal point established in the judgment is that the use of an identical Trade Mark for similar goods can constitute infringement and passing off under the Trade Marks Act, 1999, especially if it causes confusion in the market and harms the goodwill and reputation of the registered Trade Mark owner.

JUDGMENT :

(Prayer: Civil suit is filed under Order IV Rule 1 of OS Rules and Order VII Rule 1 of CPC read with Sections 27, 134 & 135 of the Trade Marks Act, 1999 :-

(a) granting a permanent injunction, restraining the defendants, by himself, his servants, agents, distributors, or anyone claiming through them from manufacturing, selling, offering and advertising for sale using the Trade Mark TEXMO upon all kinds of goods, HDPE Pipes, Polythene pipes & PVC pipes all used for irrigational purposes in class-17 or in any media and use the same in Invoices, letter heads and visiting cards or any other trade literature or by using any other Trade Mark which is in any way visually, phonetically or deceptively similar to the plaintiffs Registered Trade Marks TEXMO or in any manner infringing the plaintiffs Registered Trade Mark Nos.315049 (SP-I) (Sp-II) & 315050 (SP-I), (SP-II).

(b) granting a permanent injunction, restraining the defendant by himself, his servants, agents, men or anyone claiming through him from manufacturing, marketing, distributing, offering or advertising for sale of all types of all kinds of goods, HDPE Pipes, Polythene pipes & PVC pipes all used for irrigational purposes in class-17, using the Trade Mark TEXMO or similar sounding names in the course of their business and pass off their different types of all kinds of goods, HDPE Pipes, Polythene pipes & PVC pipes all used for irrigational purposes in class-17, using the Trade Mark TEXMO or with additions as and for the foods of the plaintiff or enable others to pass off.

(c) Directing the defendant to surrender to the plaintiffs all types of goods, HDPE Pipes, Polythene pipes & PVC pipes all used for irrigational purposes in class 17 containing/bearing the Trade Mark TEXMO or other deceptively similar Trade Marks.

(d) For a preliminary decree in favour of the plaintiffs, directing the defendants to render an account of profits made by him by the use of the Trade Mark TEXMO on the good referred and for a final decree in favour of the plaintiffs for the amount of the profits found to have been made by the defendants, after the defendants have rendered accounts and

(e) for costs of the suit.)

1. The civil suit is filed by the plaintiffs for permanent injuction restraining the defendants or anyone claiming through them from manufacturing, selling, offering and advertising for sale using the Trade Mark TEXMO.

2. The gist of the plaint filed by the plaintiffs is as follows :-

The plaintiffs are manufactures of different types of electrical motors and pumps, since 01.04.1974, the first plaintiff has been manufacturing and selling the following categories of pumps and motors :-

(a) Phase motors, which run on single phase current with capacities ranging between ¼ HP and 1 HP.

(b) Deep well jet pumps, jet monoblocks, multistage, jet pumps and monoblocks of any capacity, which run on, single phase current.

(c) Centrifugal pumps and monoblocks upto and including 1 HP which run on single phase current.

(d) Lateral channel pumps and lateral channel monoblocks of any capacity, which run on single phase current.

(e) Submersible monoblocks of any capacity, which run on, single phase current.

(f) Reciprocating pumps for domestic use, which run on single phase current.

(g) Any other type of pump or monoblock including self priming centrifugal pumps and monoblocks, which run on single phase current used for domestic purposes.

(h) Components and spares for the above products.

(ii) From 12.11.1982, the second plaintiff has been manufacturing and selling submersible motors, submersible pumps, submersible pumpset, components and spares for the above products. The plaintiffs become registered proprietors of the Trade Mark TEXMO in respect of the specific goods mentioned above by virtue of the order passed by the Registrar of Trade Mark on 20.04.1998. Thereafter, the plaintiffs became the exclusive proprietors of the Trade Mark TEXMO in respect of the specific goods in respect of the above goods in Trade