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2024 Supreme(Online)(Bom) 7205

HIGH COURT OF BOMBAY
R.I. CHAGLA, J
Prince Pipes and Fittings Ltd. – Appellant
Versus
Shree Sai Plast Pvt. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rashmin Khandekar, Mr. Pranav Nair, Mr. Madhu Gododia, Ms. Anisha Nair, Prajjwal Khushwaha
For the Respondents: Mr. Alankar Kirpekar, Mr. Shekhar Bhagat, Mr. Amit Kukreja, Mr. Ayush Tiwari, Mr. Chinmay Pagedar, Mr. Rajas Panandikar, Ms. Gauri Sansare

ORDER :

1. By this Interim Application, the Plaintiff is seeking injunction order restraining the Defendant from infringing the Plaintiff’s registered “PRINCE” trade marks as well as infringing the Plaintiff’s registered “crown device” marks. Further, injunction order is sought restraining the Defendant from infringing the copyright contained in the Plaintiff’s “crown device” registrations. Also an injunction order is sought restraining the Defendant from Passing off the Plaintiff’s registered “PRINCE” trade marks and “crown device” marks by using an identical or similar mark causing dilution or tarnishment of the Plaintiff’s marks.

2. The Plaintiff states that it is a Mumbai based company using the mark “PRINCE’” since 1987 for manufacturing and selling its PVC pipes. Since its inception, the Plaintiff claims to have been continuously and extensively using the “PRINCE” mark along with “crown devices” as its trade mark, and members of the trade associate the mark “PRINCE” and the “crown devices”, only with the Plaintiff and no one else.

3. Over the years, the Plaintiff claims that it has garnered tremendous goodwill and reputation, resulting in the “PRINCE” mark and “crown device” (w

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