Robin Sebastian vs. Shyjumon Joseph
Held
The High Court found "SJ Buildware" to be deceptively similar to "CJ Buildware," especially given the same business and premises, likely causing customer confusion. It modified the lower court's order, granting an ad interim injunction restraining the defendants from using "SJ Buildware" or any deceptively similar mark until the suit's disposal, while sustaining the direction against advertising "SJ" and "CJ" as the same company.
Facts
The plaintiffs, owners of the registered trademark "CJ Buildware" for their building materials business, had a partnership with the defendants. Upon the first plaintiff's retirement, a release deed allowed defendants to use "CJ Buildware" for one year, explicitly prohibiting its use thereafter. The defendants subsequently started using "SJ Buildware" for the same business in the same premises.
Key Issues
Whether the trademark "SJ Buildware" is deceptively similar to the registered trademark "CJ Buildware," constituting infringement. Whether the plaintiffs were entitled to an interim injunction restraining the defendants from using the impugned mark.
Sections Cited
Section 29 of the Trade Mark Act
AI-generated summary — verify with the full judgment below
1 FAO 96/23 & 102/23
C.R. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945 FAO NO. 96 OF 2023 AGAINST THE ORDER IN IA 2/2023 IN OS 1/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, THALASSERY APPELLANTS/PETITIONERS IN IA 2/2023 & PLAINTIFFS IN OS 1/2023:
1 ROBIN SEBASTIAN, AGED 36 YEARS S/O SEBASTIAN CHENNILATHUKUNNEL HOUSE, CHITTARIKKAL P.O, KASARAGOD, KERALA, PIN - 671326 2 M/S C J BUILDWARE,IDA COMPLEX, PULINGOME ROAD, CHERUPUZHA P.O, KANNUR, KERALA REPRESENTED BY MANAGING PARTNER MR.ROBIN SEBASTIAN, PIN - 670511
BY ADVS.VIJAY V. PAUL/A K MUHAMMED HASHIM ARYA A.Y./THWALHATH V. RESPONDENTS/RESPONDENTS IN IA.2/2023 & DEFENDANTS IN OS.1/2023:
1 SHYJUMON JOSEPH,AGED 47 YEARS,S/O JOSEPH, VETTIKULANGARA HOUSE, EDAKOME P.O, PANAPUZHA AMSOM, ERIAM DESOM, KANNUR TALUK, KANNUR., PIN - 670581 2 JOSEPH AUGUSTINE,AGED 56 YEARS,S/O AUGUSTINE, MATTEL HOUSE, KARTHIKAPURAM P.O, UDAYAGIRI AMSOM, THALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670571
BY ADVS.TOM PIOUS/SUNIL V.MOHAMMED(K/001561/2000) MANOJ N.(K/1497/2020)/PIOUS THOMAS(K/
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