GUAURAV POLYMERS Vs. DELIGHT CHEMICALS PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is filed by the defendant in the suit.

(2.) The respondent herein had filed O.S.No.16 of 2017 in the Court of the X Additional District Judge, Gurazala for permanent injunction restraining the appellant herein from infringing on the trademarks or passing off trademarks held by the respondent herein and for damages, rendition of accounts under the Trademarks Act, 1999 and infringement of Copy Rights Act, 1957 against the appellant herein.

(3.) The pleadings in the suit were that the plaintiff, who is incorporated under the Companies Act with it's registered office at Piduguralla, Guntur District has been carrying on the business of manufacture of white lime wash in the country and distributing and selling the same under the flagship brand name Surya and the device mark of "Rising Sun". The plaintiff who had been in business since 1985 had been using the mark "Surya" in collocation with various other words and in a combination with the device "Rising Sun with seven rays".