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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
RAJEEV K P – Appellant
Versus
UNAIS.K.K. – Respondent
| Table of Content |
|---|
| 1. infringement of trademark occurs when an identical product is sold under a similar mark. (Para 2 , 3 , 4) |
| 2. temporary injunctions can be granted based on registered trademark validity. (Para 5 , 6 , 12 , 14) |
| 3. prima facie case and balance of convenience are crucial for injunction applications. (Para 7 , 8 , 9 , 10) |
| 4. likelihood of confusion is presumed under section 29 when trademarks are identical. (Para 11 , 13 , 19) |
S.MANU, J.
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FAO No.118 of 2025 -------------------------------------------
Dated this the 18th day of November, 2025
JUDGMENT
Plaintiff in O.S.No.2 of 2025 of the Additional District Court, Manjeri, has filed this appeal aggrieved by the order dated 23.08.2025 in I.A.No.2 of 2025. By the impugned order, I.A.No.2 of 2025 filed by the appellant / plaintiff for interim injunction was dismissed with costs.
2. Appellant is the proprietor of M/s.Global Pharmaceuticals.
Appellant has obtained trade mark registration for the trade name and mark 'BOKASHI BUCKET'. The design applied to the 'BOKASHI BUCKET' Compost Bin is registered in the name of the appellant under the Designs Act, 2000. The product of the appellant can con
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