BOMBAY OIL INDUSTRIES PRIVATE LIMITED Vs. BALLARPUR INDUSTRIES LIMITED

JUDGEMENT

(1.) This order will dispose of I.A. No. 177/88, being an application under Order 39, Rules 1 & 2 CPC filed by the plaintiff; I.A. No. 416/88 being an application under Order 39, Rule 4 Civil Procedure Code filed by defendant No. 1; and I.A. No. 1298/88, being an application under Section 151 Civil Procedure Code filed by the plaintiff.

(2.) The plaintiff had filed a suit alleging that its registered trade mark "SAFFOLA" has been infringed by the defendant. According to the averments in the plaint, the plaintiff is the owner of the registered trade mark "SAFFOLA" in respect of edible oil. This registration was applied for on 17th October 1961. This registration was granted. The plaintiff also applied on 28th August 1964 and obtained another registration for the word "SAFFOLA" in respect of Kardi Oil. A third registration which was obtained was of the label consisting of two horizontal labels similar to the earlier label, but with the addition of a device of heart. According to the plaintiff it is selling edible oil in Delhi and other places in India in a tin which has yellow background with grooves in the upper and lower parts of the tin.The allegation of the plaintiff is that in or about April 1987 it learnt that the defendant had adopted a trade mark

(3.) SHAPOLA" in respect of edible oil manufactured by it. It is also alleged that this oil is also being marketed in a similar tin having yellow background with horizontal grooves in the upper and lower parts of .the tin. According to the plaintiff, the two words "SAFFOLA" and "SHAPOLA" are phoneticaily similar as the prefix and the suffix of the two words are common and the letters "F" and "P" carry a similar sound.