SOUMEN SEN, J. - (1.) The Court: This is an application for revocation of leave under Clause 12 of the Letters Patent filed by the respondents in a suit for infringement and passing off action. The plaintiff has filed a composite suit of passing off an injunction.
(2.) The defendant no.1 carries on banking business in a nondescript town in Kerala. The defendant no.1 seeks to use the name of the town as part of its business name. The part of the matter which is of relevance is the abbreviation of the name of the respondent no.1 namely, the first letter of the three key words in the first defendant's name which by reason of such abbreviation described the defendant no.1 as ITC Bank.
(3.) The action has been instituted by ITC Limited, one of the most well-known companies in the country. The action is for infringement and passing off and the submission of ITC is that if ITC were to be used in such form as a part of the first defendant's name, people would be under the impression that it was a bank with which ITC Limited was associated. It was on such apprehension the plaintiff filed this suit.;