Prakash Pipes Limited (M/s.) v. M/s. Bauchhaar Poly Industries and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Del) 7306

DELHI HIGH COURT
, J
Prakash Pipes Limited (M/s.) v. M/s. Bauchhaar Poly Industries and Another

Table of Content
1. plaintiff's ownership and use of the trademark 'prakash'. (Para 2 , 3 , 4 , 5 , 6)
2. injunction granted post preliminary findings and failed mediation. (Para 7 , 8)
3. discussion on statutory rights and defendants' intentions. (Para 10 , 11 , 12)
4. grant of permanent injunction upheld. (Para 13)
5. final ruling on costs and settlement terms. (Para 14 , 15 , 16 , 17 , 18)

1. This hearing has been done through hybrid mode.

2. The Plaintiff has filed the present suit seeking permanent injunction against the Defendants' use of the mark 'PRAKASH' / trade dress / copyright / colour combination / writing style / formative marks, for PVC pipes and other related goods, as also reliefs for passing off, delivery up, rendition of accounts and further damages.

3. The case of the Plaintiff is that it adopted the mark 'PRAKASH' and its corresponding logos in the 1980s and the said mark has come to be associated with high quality PVC products such as PVC pipes, PVC water storage tanks, PVC tubes and fittings, PVC House Pipe Hi - Density Poly Ethylene (HDPE) Pipes, etc., as set out in paragraph 2 of the plaint. The logos of the Plaintiff are set out below:

4. The Plaintiff also has reg