Bombay HC rules in favour of Prince Pipes
Bombay High Court on 10th March 2021 granted an ad-interim injunction against Prince Platinum Pipes and Fittings, Vigor Plast India Private Limited and Dhananjay Brass Products after hearing a trademark infringement suit filed by Prince Pipes and Fittings Limited. [With reference to the order dated 10th March 2021 passed by the Bombay high court CORAM Justice GS Patel in Case no. 5290 Of 2021 Commercial suit no. 5286 Of 2021.]
Justice GS Patel ruled that use of trademark PRINCE Platinum by Prince Platinum Pipes and Fittings, Vigor Plast India Private Limited and Dhananjay Brass Products is an obvious attempt to trade upon and cash in on the reputation and goodwill built up by Prince Pipes and Fittings Limited.
Nihar Chheda, AVP - Strategy, Prince Pipes and Fittings Limited said, “Prince Pipes is taking strict action against duplicacy and all such cases will be dealt with swift legal action. Prince Pipes does not manufacture any product under the name ‘Prince Platinum’. Other duplicate manufacturers infringing on the Prince Pipes brand will also be dealt with stern action to protect Prince Pipes’ credibility which continues to be nurtured over 3 decades.”
As a step to immediately contain the confusion spreading in the market and damage to our reputation and market share being inflicted by sale of counterfeit products our Company approached Bombay High Court to restrain sale of counterfeit products.
The PRINCE mark has been in regular, extensive and continuous use since the year 1966 and has attained a distinct name and strong goodwill in trade circles, Prince Pipe’s Counsel told the court in its plea.
Justice GS Patel accepted Prince Pipe’s argument and maintained that the word PRINCE is being used to create a deception in minds of general public. The court held that considerable damage must have been already caused to Prince Pipes and any further damage must be immediately avoided.
Besides the injunction, the Bombay High Court also appointed court receiver to carry out search and seizure at the business premises of the Prince Platinum Pipes and Fittings, Vigor Plast India Private Limited and Dhananjay Brass Products situated in Jamnagar, Gujarat. The local sources at Jamnagar have reported that a huge scale operation of manufacturing and packaging of the counterfeit products was underway in Jamnagar, which has now been seized by the court receiver during the raid conducted at the business premises.
Prince Pipes was represented by Senior Advocate, Dr. Veerendra Tulzapurkar and Advocate Mr. Hiren Kamod assisted by law firm Induslaw.