BLUE STAR LIMITED Vs. SIDWAL REFRIGERATION INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) The plaintiff is the registered proprietor of the trade mark 'BLUESTAR. Registerd trade mark consists of the words BLUE-STAR and a device of the Star. The registration was granted to the plaintiff in 1972 and according to the plaintiff it has sales of crores of rupees.

(2.) The plaintiff is manufacturing water coolers. The allegation in the plaint is that the defendants have also started manufacturing water coolers and are selling the same under the mark COOLSTAR. The mark of the defendants has been advertised in the newspaper as consisting of the words COOLSTAR and also the device of Star. In the advertisement, a copy of which has been filed, it is indicated that the mark of the defendants is registered. According to the plaintiff a legal notice was given to the defendants requiring the defendants to desist from using the said mark. Defendants' counsel sent a reply dated 27th February, 1986 in which it was stated that the COOLSTAR was a registered trade mark of the defendants.

(3.) Along with the plaint an application under Order 39 Rules 1 & 2 was filed in which it was prayed that the interim injunction may be granted becaused the defendants are guilty of infringement of the plaintiff's trade mark.