Hindustan Pencils Limited vs J.N. Ghosh And Bros. Pvt. Ltd. on 30 October, 2006
"14 In the present case also, one of the
points which arises for determination is the controversy
pertaining to common field by activity. It is the case of
the defendants herein that they are in the Tea Export
Business whereas the Group of Companies of the
Plaintiffs whereas the Group of Companies of the
Plaintiffs are not in Tea Export Business. It is also
contended that even one of the companies which in
in the Tea Export Business does not bear the name
"ESSEL" and in the circumstances, the plaintiffs are not
entitled to an interim injunction in passing off action.
This argument was also advanced in the case of
Kirloskar Diesel Recon Pvt. Ltd. (supra) and it was
rejected by Jhunjhunwala, J. by observing that the
expression common field of activity is not conclusive for
deciding whether there can be a passing off action
although at one point of time the said test was treated
as conclusive. With the passage of time the law on
requirement of common field of activity in a passing off
action has radically undergone a change and,
according to the learned single Judge, there is no
Contd......