Soumen Sen, J. - (1.) "Opal ware" has led to "Opal war" between two rival manufacturers; of which the petitioner is senior being in the trade since 1980s as compared to the respondent No. 1 who have entered the business of opal ware only recently in July, 2017. It is a fight between an established reputed opal ware manufacturer and a reputed manufacturer of Insulated Thermo-ware and writing instruments.
(2.) In this proceeding, an attempt by 'Thermo-ware' to enter 'Opal-ware' in relation to four marks with its trade dress and get up; and this is resisted by the petitioner. The petitioner complains of passing off.
(3.) In an action essentially for passing off, the plaintiff/petitioner have filed the application for injunction restraining the respondents from passing off their goods by using the trade dress and/or mark of the petitioner as shown in annexures "E" to "H" as that of their own trade dress and/or mark imprinted on their product as shown in annexures "M" to "P".;