HIGH COURT OF BOMBAY
HON'BLE JUSTICE SHARMILA U. DESHMUKH
MINCO INDIA PRIVATE LIMITED – Appellant
Versus
MINCO INDIA FLOW ELEMENTS PRIVATE LIMITED – Respondent
1) The present suit has been filed for infringement of trademark and passing off. The Plaintiff is engaged in the business of gauges, pressure, temperature, temperature gauges, temperature switches etc in the name of Minco India Private Limited and is using the mark “Minco India” in respect of its goods and services since the year 1982. The Plaintiff applied for registration of its trade mark “MINCO INDIA” on 5th June 2023 with user claim of 6th October 1982 and has secured registration in Class 9. It is stated that owing to the extensive and continuous use of its trademark, the Plaintiff has garnered reputation and goodwill among the public and trade members. To substantiate the goodwill and reputation, the sales turnover of the Plaintiff from the year 1989-1990 onwards duly certified by the chartered accountant is placed on record.
2) It is pleaded that in the first week of February 2024, the Plaintiff found that the Defendant is manufacturing and offering for sale identical goods and services using identical mark “MINCO”. The Plaintiff had earlier received information about the use of the mark “MINCO” but could not specifically find the goods and services offered by Defendant. O
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