- (1.) C.S. No. 192 of 2019 is filed by the plaintiff/petitioner praying for the following reliefs:- "(a) A decree for permanent injunction restraining the Defendants, its assigns, directors, partners, employees, agents and others acting on its behalf from manufacturing, marketing, selling products including TMT bars and rods by applying pattern of X ribs mark/pattern/get up/trade dress upon or in relation to the TMT bars and rods as depicted in Annexure "A" or any other colourable imitation of the same including the one which is depicted in Annexure "H" to the plaint or any other TMT bar containing similar pattern depicted on the TMT bars; (b) Decree of permanent injunction restraining the Defendants from advertising in any manner any product including TMT Bars and rods by applying pattern of X ribs upon or in relation to TMT bars and rods as depicted in Annexure "H" in print form or online which may create misrepresentation and lead to passing off the Defendants goods as that of the plaintiff. (c) A decree for obliteration and destruction of all the offending goods, dies, packaging, hoardings, placards, promotional material, advertisement, stationery, signs, signage of the defendants' goods bearing the mark contained in Annexure "H"; (d) Enquiry into the loss and damage suffered by the Plaintiff and upon loss being ascertained a decree be passed therein. (e) Injunction, (f) Receiver, (g) Attachment; (h) Costs (i) Further or other relief as Your Lordship may think fit and proper;
(2.) The instant application is for temporary as well as ad interim injunction along with other consequential relief. The case of the petitioner in brief is that the petitioner is a private limited company carrying on business of manufacturing, selling and distribution of TMT bars, wires, grills etc since 2001. The petitioner is the pioneer of manufacturing "X-ribs" TMT bars coppied distinct surface pattern with letter "X" embossed at regular intervals over the entire surface and length of TMT bars. Each bar has two series of "X" pattern. On one side of the series the brand name "SRMB" is embossed in regular style at the "X" intervals and grade of Fe 415,500,550 etc. The petitioner has been advertising and promoting their product since 2001. The petitioner had applied for and secured the designed registration in respect of rod for re-enforcing a grade bearing design no.191774 dated 4th April, 2003. However, the said design was cancelled upon an objection filed by one Tribeni Industries Pvt. Ltd. before the Design Office. The order of cancellation dated 3rd February, 2010 was made only because of publication/advertisement of petitioners "X" RIB TMT bars before the date of its application for design registration. Further case of the petitioner is that the petitioner filed application before trade marks registry on 8th November, 2016 for registration of the same "X" RIBS pattern TMT bars claiming exclusive use of the said pattern since 4th January, 2001. The said application is pending for consideration.
(3.) It is alleged by the petitioner that the respondents are also manufactures of TMT bars and they are new in the market. The respondents are advertising their TMT bars with pattern "X" RIBS look alike as "YY RIB". The surface pattern of respondents TMT bars are exact copy of the petitioners "X" RIB pattern, thus, making the respondents TMT bars virtually identical. It is also stated by the petitioner that the respondents had been using an elliptical helix pattern/shape on their TMT bars and later switched over to "X RIB" pattern describing the said pattern as "YY" ribbed. Thus, the respondents have dishonestly and in slavish manner copied the surface pattern of the petitioner on the TMT bars manufactured by them only to create confusion in the minds of the customers of the petitioner and thereby causing substantial financial loss to it.;