- (1.) This application for temporary injunction is at the instance of a plaintiff in an action for passing off and in this application the plaintiff has prayed for injunction restraining the defendant, its agent, servant, and assigns from passing off the trade name/trade mark 'Bloomfield' in any manner whatsoever.
(2.) The case made out by the plaintiff in the present proceedings may be summarized thus : (1) After incorporation of the plaintiff with the name 'The Bloomfield Tea Co. Ltd.", it became the owner of a Tea Estate which was named 'Bloomfield Tea Estate". Subsequently, the name of such Tea Estate was changed to 'Orange Valley Tea Estate' in the year 1984. However, the plaintiff continued to carry on business under the said name 'The Bloomfield Tea Co. Ltd." and used the trade name 'Bloomfield." (2) Subsequently, the said Tea Estate under the name of Orange Valley Tea Estate was transferred to Orange Valley Tea Limited, a subsidiary of the plaintiff. Notwithstanding such transfer, the plaintiff continued its business of selling tea under the brand name 'Bloomfield" and was also carrying on business under the said name. (3) In or around 1990, the plaintiff sold the aforesaid Tea Estate to one Longview Tea Company Ltd. and the defendant purchased the said Orange Valley Tea Estate from Longview Tea Company Ltd. (4) Recently, the plaintiff came to know that the defendant had started selling tea in the name of 'Bloomfield' in addition to the name Orange Valley Tea Estate. Immediately thereafter the plaintiff by a notice dated 3/05/2001 called upon the Controller of Leasing. Tea Board of India and also the Calcutta Tea Traders Association to ensure that no tea is offered by anyone other than the plaintiff under the trade name 'Bloomfield' as it amounts to passing off the plaintiff's trade name. The Calcutta Tea Traders Association immediately forwarded the objection to the defendant whereupon the Director of the defendant contacted the petitioner's executive and admitted their mistake. The defendant assured the petitioner that the name 'Bloomfield' would be withdrawn. (5) Subsequently, the said trade name 'Bloomfield' was withdrawn by the defendant but the plaintiff was surprised to receive tea catalogue 27/2001 pertaining to auction of tea scheduled for 2/07/2001 when it appeared that once again the defendant had offered its tea under the trade name 'Bloomfield'. Hence this action.
(3.) After the filing of the said suit, the plaintiff has come up with an application for temporary injunction in terms of the prayer mentioned above.;