Bangalore District Court
Ashirvad Pipes Private Limited vs M/S Gupta Industries on 2 September, 2024
KABC010027392021
Form No.9
(Civil) Title
Sheet for
Judgment in
Suits
R.P. 91 PRESENT:Sri. Chinnannavar Rajesh Sadashiv,
XVIII Additional City Civil Judge.
Dated this the 2nd day of September, 2024
PLAINTIFF: Ashirvad Pipes Private Limited,
4B, Attibele Industrial Area,
Anekal Taluk, Hosur Road,
Bangalore-562 107.
Also at:
Plot No.27-P, 28-P, 29 & 30,
Bommasandra - Jigani Link Road
Industrial Area, Bandemallasandra,
Jigani Hobli, Anekal Taluk,
Bangalore-560105.
Karnataka.
Represented by its Authorized
Signatory.
Mr.D.V.Shivaram-Finance Controller
and Company Secretary.
[By Sri Satyam Rathore, Advocate]
/v e r s u s/
DEFENDANTS: 1. M/s. Gupta Industries
Murthal Road Sonipat,
Sonipat-131 027.
Haryana, India.
2. Mr.Ravi Kumar
Proprietor,
M/s Gupta Industries,
2 O.S.No.877/2021
Murthal Road Sonipat,
Sonipat-131 027,
Haryana, India.
[Defendants placed Exparte]
Date of institution of the : 01/02/2021
suit
Nature of the suit : For Perpetual Injunction (IPR)
Date of commencement of : 14/11/2022
recording of the evidence
Date on which the :
Judgment was
pronounced.
: Year/s Month/s Day/s
Total duration
This suit is filed by the plaintiff for Perpetual
injunction to restrain the defendants or anybody
claiming under it from infringing and passing off or
using 'Ashirvad and Ashirvad Aqua' or any other
mark which is similar to plaintiff's trade mark
'Ashirvad' either in full or in part or in any other
manner or form whatsoever and for destruction of
products held by defendants using offending
trademark.
2. The case of the plaintiff in brief is as under:-
The plaintiff has started a family business by
L.N.Poddar and in the year 1975, partnership firm
3 O.S.No.877/2021
under the name ASHIRVAD ENTERPRISES has been
commenced, thereafter the said partnership firm
converted into two companies namely ASHIRVAD
PIPES PVT. LTD., and ASHIRVAD ENTERPRISES PVT.
LTD., The plaintiff carried forward the business of
manufacturing pipes under the name and mark
ASHIRVAD. The plaintiff is a pioneer in designing,
developing and manufacturing various types of pipes
claimed in the plaint, and also claimed that it
acquired goodwill and reputation. The plaintiff
obtained the registration of wordmark ASHIRVAD and
also logo in black and white as well as colour. The
plaintiff also given particulars of the registration of
trade mark in class 17, 6, 19 and 20 along with its
financial turnovers, promotional expenditures,
sponsorship events and participation as well as
awards and recognition of the plaintiff. The plaintiff
claims that the plaintiff's trade mark is distinctive
and recognized by Government and others. The
plaintiff also stated about its past litigation. The case
made out by the plaintiff in this case is that, plaintiff
was shocked to become aware in the month of
4 O.S.No.877/2021
December 2020 about the defendants offering for sale
of the infringing products in the field of water
management and plumbing solutions, namely
Ashirvad Water Tanks bearing the identical infringing
mark "Ashirvad" through market survey by its
marketing team. It is further case of the plaintiff
that defendants are deceptively using the trademark
of the plaintiff-"Ashirvad" with respect to similar
product i.e., water tanks and thereby infringed the
registered trademark of the plaintiff "Ashirvad" and
"Ashirvad Acqua". Accordingly, plaintiff prayed to
grant the decree as stated above.
3. On issuance of suit summons, defenant
No.1and 2 have received the summons sent by RPAD,
but they have not appeared and contest the suit.
Hence, they have been placed as exparte.
4. In order to prove the case, the authorized
person of plaintiff has got examined himself as PW.1
and got marked Ex.P1 to Ex.P54.
5. Heard the learned counsel for plaintiff and
she has filed written synopsis also and she also relied
upon the following citations:
5 O.S.No.877/2021
1. Corn Products Vs. Shangrila food products
MANU/SC/0115/1959 (Supreme Court).
2. Kaviraj Pandit Durga Dutt Sharma Vs.
Navratna Pharmaceutical Laboratories - AIR
1965 SC 980.
3. Som Distilleries and Breweries Ltd., Vs.
SABMiller India Ltd., - 2013 (56) PTC
237(Bom).
4. Ruston & Hornsby Ltd., Vs. The Zamindara
Engineering Co. - AIR 1970 SC 1649.
5. Proline In. Vs. Ramesh Jain-AIR 2019 Cal 285.
6. Midas Hygiene Industries P.Ltd., Vs. Sudhir
Bhatia and Ors. (2004) 3 SCC 90.
7. Banyan Tree Holding(P) Limited Vs. A Murali
Krishna Reddy & Ors.,
MANU/DE/3072/2009.
8. Greaves Cotton Limited Vs. Mohammad Rafi &
Ors.,-MANU/DE/2235/2011.
6. Perused the plaint averments, written
synopsis and also citations relied by the plaintiff. The
following points are arise for my consideration:-
(1) Whether the plaintiff proves that it
is a registered trade mark holder
of 'Ashirvad' and defendants
have infringed or passing off of the
said trade mark by using the
offending trade mark 'Ashirvad'?
(2) Whether the plaintiff is entitle for the
reliefs claimed ?
(3) What order or decree ?
6 O.S.No.877/2021
7. My findings to the above points are as
under:
Point No.1 :- In the Affirmative
Point No.2 :- In the Partly affirmative
Point No.3 :- As per final order for
the following:
8. POINT NO.1 & 2: Both these points are
interlinked with each other and in order to avoid
repetition and to appreciate the evidence, they are
taken up together for common discussion.
The authorized person of the plaintiff's company
has got examined himself as P.W.1 and got marked
Ex.Ps.1 to 54. The said evidence remained
unchallenged as defendants have not at all appeared
before the Court. Ex.P3 is plaintiff's product flayer,
which discloses that it is selling water tank with a
trademark "ashirvad". Ex.P.4 is plaintiff's product
poster. Ex.P.5 is plaintiff's product catalog of pipes,
which discloses that plaintiff is using the trademark
"ashirvad" in water tanks as well as pipes. Ex.P.6 and
7 are the plaintiff's technical manuals with respect to
pipes.
7 O.S.No.877/2021
9. Ex.P.11 is the trademark certificate issued
to the plaintiff with respect to word-mark "Ashirvad".
Ex.P.12 is certified copy of legal proceedings
certificate with respect to word-mark "Ashirvad".
Ex.P.18 is the trademark certificate issued to the
plaintiff with respect to device mark. Ex.P.19 is
trademark certificate issued to plaintiff with respect
to word-mark "ashirvad". So, this document is helpful
to plaintiff to prove that it has got registered
trademark over the word "ashirvad". Ex.P.48 is the
photograph of the product of the defendants bearing
offending trademark "ashirvad". Ex.P.49 is the
printouts of the listing of the defendant's products in
website Indian mart. Ex.P.50 is the printout of the
defendant's product i.e., with respect to water tank
having the name "ashirvad", "ashirvad Acqua water
tanks". So, if the trademark of the word "ashirvad" of
plaintiff and defendant as well as device "ashirvad"
are compared with each other, they are identical and
similar one. Defendants are using the trademark,
which is deceptively similar to the trademark of the
plaintiff.
8 O.S.No.877/2021
10. The offending mark used by the defendant
are identical to plaintiff's registered trademark. The
defendant has used identical trademark with respect
to water storage tanks, plaintiff is also using the
trademark "ashirvad" with respect to water tanks. The
citations relied by the plaintiff are helpful to the
plaintiff to prove that defendants are using offending
trademark. So, considering the evidence on record
and citations relied by the plaintiff, I hold that
plaintiff has proved that defendants have infringed
the registered trademark of the plaintiff. Hence,
plaintiff is entitle for the relief of injunction as prayed
for.
11. Plaintiff has sought the relief of destruction
of products of the defendants, which are containing
offending trademark but there is no evidence on
record that defendants are possessing water tanks
containing the offending trademark "ashirvad" or
"ashirvad Acqua". Hence, I hold that plaintiff is not
entitle for the relief of destruction of products. Hence,
9 O.S.No.877/2021
I answer point No.1 in affirmative and point No.2 in
partly affirmative and proceed to pass the following:
The suit of the plaintiff is hereby
decreed in part with costs.
The defendants or anybody claiming
under them are hereby permanently
restrained from erroneously/illegally
manufacturing, vending/selling the
products or offering for vending or
otherwise dealing in any goods alike
to the goods in the name of
'ashirvad', 'ashirvad Aqua' or any
other Mark deceptively alike to
plaintiff's trade mark 'ashirvad' and
also restrained from promotes in
social media, online sales by granting
the relief of permanent injunction.
The relief of destruction of stocks is
rejected.
Draw a decree accordingly.
***
[Dictated to the Stenographer, after transcription, the Script is corrected directly in computer, signed and then pronounced by me, in the Open Court on this the 2nd day of September, 2024.] [Chinnannavar Rajesh Sadashiv ] XVIII Additional City Civil Judge.
BENGALURU.
10 O.S.No.877/20211. List of witnesses examined on behalf of :
(a) Plaintiff's side:
P.W.1: Mr. K. Bala Murali Krishna
(b) Defendant's side:-
Nil
2. List of documents marked on behalf of :
(a) Plaintiff's side:
Ex.P1 Authorization Letter Extract.
Ex.P1(a) Certified copy of authorization letter.
Ex.P2 Authorization letter of earlier authorized representative.
Ex.P3 Plaintiff's product flayer.
Ex.P4 Plaintiff 's Product poster.
Ex.P5 Plaintiff's Product catalog.
Ex.P6 Plaintiff's technical manual.
Ex.P7 Plaintiff's technical manual.
Ex.P8 Statement of expenditure.
Ex.P9 Statement of Income.
Ex.P10 Printout of Master Data of Plaintiff M/s.
Ashirvad Pipes Private Limited from the Ministry of Corporate Affairs Website https://www.mca.gov.in/mcafoportal/co mpanyLLPMasterData.do (pg 3 & 4). Ex.P11 Certified Copy of the Legal Proceeding Certificates of trademark registration nos. 333473 in Class -17, and related necessary documents (pg no.5 to 10).11 O.S.No.877/2021
Ex.P12 Certified Copy of the Legal Proceeding Certificate of trademark registration no. 333673 in Class - 17 (pg no.11 to 13). Ex.P13 Certified Copy of the Legal Proceeding Certificate of trademark registration nos. 1270856 in Class - 17 (pg no.14 to 16). Ex.P14 Certified Copy of the Legal Proceeding Certificate of trademark registration no. 1270857 in Class -17 (pg no.17 to 19). Ex.P15 Certified Copy of the Legal Proceeding Certificates of trademark registration nos. 1466129 in Class -17 (pg no. 20 to 22). Ex.P16 Certified Copy of Legal Proceeding Certificates of trademark registration nos. 1939012 in Class - 6 (pg no.23 to 25). Ex.P17 Certified Copy of Legal Proceeding Certificates of trademark registration nos. 1939013 in Class - 19 (pg no. 26 to 28). Ex.P18 Certified Copy of Legal Proceeding Certificates of trademark registration nos. 2292988 in Class - 6 (pg no. 29 to 31). Ex.P19 Print out of Registration certificate of trademark registration no. 2292998, as obtained from the website of Registrar of Trademarks.
https://ipindiaonline.gov.in/eregister/ eriegister.aspx (pg no.32).
Ex.P20 Print out of e-status of trademark registration no. 2292998, as obtained from the website of Registrar of Trademarks.
https://ipindiaonline.gov.in/eregister/ eriegister.aspx (pg no.33) Ex.P21 Print out of Registration certificate of trademark registration no. 4047659, as obtained from the website of Registrar of Trademarks.
https://ipindiaonline.gov.in/eregister/ eriegister.aspx (pg no. 34 & 35) Ex.P22 Print out of e-status of trademark 12 O.S.No.877/2021 registration no. 4047659, as obtained from the website of Registrar of Trademarks.
https://ipindiaonline.gov.in/eregister/ eriegister.aspx (pg no. 36) Ex.P23 Original Chartered Accountants Certificate depicting Company Turnover dated 29-04-2024 bearing Udin. No. 24218466BKDZNE9799 for the FY 2008- 09 to 2023-24 (pg no.37) Ex.P24 Original Chartered Accountants Certificate depicting Promotional Expenditure dated 29-04-2024 bearing Udin. No. 24218466BKDZND4969 for the FY 2008-09 to 2023-24 (pg no.38).
Ex.P25 Original Product Specification Leaflet (pg no.39 to 42).
Ex.P26 Original Product Price Lists (pg no.43 to
50).
Ex.P27 Original List of the Plaintiff's Dealers/Customers (pg no.51 to 105). Ex.P28 --------
Ex.P29 Printout of promotion undertaken in the year 2022 of posters, web banners and mobile banners alongside the Ashirvad Product (pg no.106 to 112).
Ex.P30 Certified copy of tax invoices depicting expenditures incurred towards posters, danglers and other advertising undertaken by the Plaintiff (pg no.113 to
119).
Ex.P31 Printouts of shops, dealers and distributors, and Plaintiff's mark advertised on buses, autos and other vehicles displaying the Plaintiff's mark Ashirvad (pg no.120 to 129). Ex.P32 Certified copy of photographs and other documents of the fairs and seminars attended by the Plaintiff (pg no.130 to
134).
13 O.S.No.877/2021Ex.P33 Printouts from the Plaintiff's website depicting-
2. Plaintiff's product;
https://ashrivad.com/water- storage-tank/
3. Few of the testimonials from its customers and professionals received by Plaintiff.
4. the installation of the Plaintiff's superior quality water tanks throughout length and breadth of India.
5. Plaintiff's parent company's brand-
new Research & Technology Centre in Bangalore, India, as obtained from the Plaintiff's website.
https://www.ashirvad.com/news/ali axis-opens-new-research-technology- centre-in-bangalore-india/.
6. Article evidencing the Plaintiff's community outreach programme during COVID pandemic as provided for on the Plaintiff's website. https://www.ashirvad.com/news/as hrivad-launches-a-one-of-its-kind- community-outreach-program- ashirvad-cares-to-support-the- industry-and-help-industry
7. Plaintiff's Ashirvad Plumbing School details as obtained from the website of the Plaintiff.
https://www.ashirvad.com/ashirvad
-plumbing-school (pg no.135 to 162). Ex.P34 Original photograph of one of the erstwhile Director of the Plaintiff receiving the National Award from the then Hon'ble Prime Minister of India Mr. Manmohan Singh (pg no. 163).
Ex.P35 Printout of third-party news articles and reporting about the Plaintiff and its 14 O.S.No.877/2021 products as available online.
www.nestodaynet.com ,
www.thehansindia.com ,
www.legallyindia.com ,
www.instanttechnews.com ,
www.printweek.in ,
www.deccanherald.com. (pg no. 164 to
179) Ex.P36 Certified copy of the "Whois extract" of the domain name registration of the Plaintiff. https://whois.domaintools.com/ ashirvad.com (pg no. 180 to 183) Ex.P37 Printout of the "Whois extract" of the domain name registration of the Plaintiff. https://whois.com/whois/ashirvad.com (pg no. 184 to 188) Ex.P38 Certified copy of Judgment 05.10.2023 passed in the matter of OS No. 456 of 2021 (pg no.189 to 202).
Ex.P39 Certified copy of Decree passed in the matter of OS No. 456 of 2021 (pg no.203 to 211).
Ex.P40 Certified copy of order dated 04.09.2020 passed in the matter of OS No. 3950 of 2020 (pg no.212 to 217).
Ex.P41 Certified copy of judgement dated 24.05.2023 passed in the matter of OS No. 3950 of 2020 (pg no.218 to 232). Ex.P42 Certified copy of Decree passed in the matter of OS No. 3950 of 2020 (pg no.233 to 240).
Ex.P43 Certified copy of order dated 20.02.2020 passed in the matter of OS No. 1345 of 2020 (pg no.241 to 248).
Ex.P44 Certified copy of order dated 08.08.2023 passed in the matter of OS No. 1859 of 2021 (pg no.249 to 261).
Ex.P45 Certified copy of entire order sheet as passed by Hon'ble Court in Suit No. 7758 of 2014 (pg no.262 to 298).
15 O.S.No.877/2021Ex.P46 Certified copy of compromise petition filed in Suit No. 7758 of 2014 (pg no.299 to
303).
Ex.P47 Certified copy of Decree dated 09.07.2015 in Suit No. 7758 of 2014 (pg no.304 to
307).
Ex.P48 Photograph of the products being sold by the Defendants bearing the Infringing Marks (pg no.308).
Ex.P49 Printouts of the listing of the Defendant's products bearing the infringing marks on www.indiamart.com(pg no.309 to 311) Ex.P50 Printout of the brochure admittedly being circulated and getting communicated to the public at large by the Defendants (pg no.312 to 318).
Ex.P51 Certified copy of the 65B Certificate under section 65B of The Indian Evidence, Act 1872 executed by Mr. Bala Murali Krishna K, authorized representative of the Plaintiff company in OS 1345 of 2020 (pg no.319 to 324).
Ex.P52 Certified copy of the Certificate under section 65B of The Indian Evidence, Act 1872 executed by Mr. Bala Murali Krishna K, authorized representative of the Plaintiff company in OS 456 of 2021 (pg no.325 to 329).
Ex.P53 Certificate under section 65B of The Indian Evidence, Act 1872 executed by Mr. Bala Murali Krishna K, authorized representative of the Plaintiff company on this date (pg no.330 to 334). Ex.P54 Compact Disk with relevant photographs and promotional video graph of the Plaintiff company produced along with Compact Disk as available on www.youtube.com at this URL- Ashirvad Pure 3 Layer Water Storage Tank - YouTube published by the Plaintiff at Document Nos. 45, 48, 62 (pg no.335).
16 O.S.No.877/2021(b) Defendant's side:-
Nil XVIII Additional City Civil Judge.
BENGALURU.