Samaresh Banerjea, J. - (1.) The present appeal has been preferred by the plaintiff against an order dated 26th February, 1999 passed by the learned Additional District Judge, Aliporl, 6th Court, dismissing an application for injunction under Order 39 Rule 1 of the Code of Civil Procedure in a passing off suit being Title Suit No. 3 of 1998.
(2.) It is the case of the plaintiff that it is engaging in manufacturing and marketing of table wares and allied products made of crystal glass and opal glass of high quality. In the year 1994 with a view to diversity to high quality glass wares it entered into a technical tie-up with Doosan Glass of South Korea for the manufacture of authentic crystal glass for the first time in India and such glass wares were launched by the plaintiff in 1996 under the trade mark SOLITAIRE. The range of crystal wares of the plaintiff marketed under such trade name includes beautifully crafted tumblers ; whisky glasses ; steam wares for brandy, wine, champagne, sherry, liquor, beer mugs, ice buckets, vases, bowls, ashtrays in a vide variety of cuts, sizes and shapes and have been sold extensively throughout the country and also have been exported and the sales of the plaintiff are increasing every year. The plaintiff has already applied for registration of its trade mark SOLITAIRE inter alia, in respect of table wares, glass wares, bar wares etc. It is claimed by the plaintiff that due to excellent quality and extensive publicity and sales of the products of the plaintiff the aforesaid trade mark SOLITAIRE has acquired great reputation amongst the trade and public and the trade and public associate the said trade mark exclusively with the plaintiff and the petitioner and none else.
(3.) In June, 1998 the plaintiff came to know that the defendant company was advertising the trade mark SOLITAIRE in a most prominent manner all over the city of Calcutta and outside in the form of large hoardings and was offering for sale bar accessories under the said trade mark SOLITAIRE.;