2023/DHC/001281

CS(COMM) 309/2022 Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Reserved on : 3^rd February, 2023

Judgment Delivered on : 23^rd February, 2023

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CS(COMM) 309/2022, I.A. 8856/2022(O-XI R-1(4) of CPC), I.A.

9750/2022(O-XI R-1(10) of CC Act), I.A. 12468/2022(u/s 124 of

Trade Mark Act) and I.A. 19036/2022(O-XI R-1(4) of CPC)

ASTRAL LTD

..... Plaintiff

Through:

Mr.Sachin Gupta, Ms. Yashi Agrawal

and Mr.Lokesh Dhaka, Advocates.

versus

ASHIRVAD PIPES PVT LTD

..... Defendant

Through:

Mr.

Darpan

Wadhwa,

Senior

Advocate with Mr. Prashant Gupta,

Ms. Neelakshi Bhadauria, Mr. Amer

Vaid and Mr. Karan Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J.

I.A. 7334/2022 (O-XXXIX R-1 & 2 of the CPC)

1.

By way of the present judgment, I shall decide the application filed on

behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of

Civil Procedure, 1908 (CPC) for grant of interim injunction.

PROCEEDINGS IN THE SUIT

2.

Summons in the suit was issued on 11^th May, 2022. However, no ad

interim injunction order was passed in favour of the plaintiff. Thereafter,

the matter was listed on various dates and pleadings have been completed in

the suit as well as the present application. I.A. 7334/2022 was heard on 3^rd

Digitally Signed

By:AMIT BANSAL

Signature Not Verified

2023/DHC/001281

CS(COMM) 309/2022 Page 2 of 18

February, 2023, when the judgment was reserved and counsels were given

time to file written submissions. Both the sides have filed their respective

brief notes of submissions.

CASE SET UP IN THE PLAINT

3.

The case set up in the plaint is as under:

3.1

Plaintiff company was incorporated on 25^th March, 1996 as a private

limited company and in the year 2006, the plaintiff company was

converted into a public limited company.

3.2

Plaintiff company is engaged in the business of manufacturing,

distributing and selling of high-quality pipes, parts and fittings for use

in plumbing, sewage, drainage, fire protection and the like. The

plaintiff company has manufacturing facilities at six locations in India

and has received various awards and accolades in respect of its

various products.

3.3

In the year 2004, the plaintiff company became the first entity to

launch Chlorinated Polyvinyl Chloride (CPVC) piping systems in

India.

3.4

The plaintiff has filed and obtained various registrations in respect of

the mark ‘CPVC PRO’ and ‘CPVC PRO’ formative trademarks,

which are detailed in paragraph 15 of the plaint.

3.5

Some of the registrations of the plaintiff have a disclaimer that no

exclusive rights have been granted in respect of the words ‘CPVC

PRO’ and ‘CPVC CHEM PRO’. However, the subsequent

registrations do not have this condition. Some of the applications

Digitally Signed

By:AMIT BANSAL

Signature Not Verified

2023/DHC/001281

CS(COMM) 309/2022 Page 3 of 18

filed on behalf of the plaintiff in respect of ‘CPVC PRO’ and ‘CPVC

PRO’ formative marks have been objected to.

3.6

Plaintiff has engaged various celebrities and superstars from time to

time to advertise their products under the aforesaid trademarks.

3.7

The statement in respect of domestic sales and exports of the plaintiff

have been provided in paragraph 20 of the plaint. In the year 2021–

2022, the sales of the plaintiff in respect of the trademarks ‘CPVC

PRO’ was around Rs.954 crores.

3.8

On account of its superior quality, continuous and extensive use, and

large scale publicity, the plaintiff’s trademark ‘CPVC PRO’ has

acquired immense reputation and goodwill in the market.

Accordingly, the plaintiff claims both statutory as well as common

law righ