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Aqua Pump Industries, Rep by its Managing Partner, Ramaswamy Kumaravelu & Another v/s Ashok Kumar Jaiswal C/o Arryan Future Aqua Engineering Pvt. Ltd., Madhyapradesh & Another


Company & Directors' Information:- RRIL LIMITED [Active] CIN = L17121MH1991PLC257750

Company & Directors' Information:- T S I INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U18101HR1997PTC034478

Company & Directors' Information:- R P INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100GJ2011PTC075812

Company & Directors' Information:- T S L INDUSTRIES LIMITED [Active] CIN = L65999WB1994PLC065255

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U74899DL1991PTC045572

Company & Directors' Information:- E A P INDUSTRIES LTD [Active] CIN = U25206WB1956PLC023072

Company & Directors' Information:- JAISWAL INDUSTRIES PRIVATE LIMITED [Active] CIN = U45100UP1994PTC016843

Company & Directors' Information:- Z H INDUSTRIES PRIVATE LIMITED [Active] CIN = U45200DL2014PTC265453

Company & Directors' Information:- N G INDUSTRIES LTD [Active] CIN = L74140WB1994PLC065937

Company & Directors' Information:- S L INDUSTRIES P. LTD. [Active] CIN = U15331WB1989PTC047543

Company & Directors' Information:- T R A T INDUSTRIES LIMITED [Active] CIN = U25199KL1996PLC010148

Company & Directors' Information:- B R INDUSTRIES LIMITED [Active] CIN = U74899DL1995PLC067120

Company & Directors' Information:- N R C INDUSTRIES LIMITED [Active] CIN = U51909PB1985PLC006558

Company & Directors' Information:- A R INDUSTRIES PVT LTD [Active] CIN = U27101HR1995PTC032569

Company & Directors' Information:- G V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC006887

Company & Directors' Information:- G V INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U74900TG2014PTC096387

Company & Directors' Information:- G S M INDUSTRIES PRIVATE LIMITED [Active] CIN = U02001DL2002PTC117443

Company & Directors' Information:- L C INDUSTRIES PRIVATE LIMITED [Active] CIN = U15122UP2013PTC055697

Company & Directors' Information:- R M G INDUSTRIES PRIVATE LIMITED [Active] CIN = U18100TG1993PTC016220

Company & Directors' Information:- R. S. D. INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909DL2008PTC177504

Company & Directors' Information:- G. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15435MH2005PTC151817

Company & Directors' Information:- M K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U19111UP1989PTC010468

Company & Directors' Information:- R P ENGINEERING PVT LTD [Active] CIN = U29299WB1992PTC055482

Company & Directors' Information:- M C INDUSTRIES LTD [Active] CIN = U27106WB1993PLC058995

Company & Directors' Information:- D R INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100WB2011PTC160058

Company & Directors' Information:- A D INDUSTRIES PRIVATE LIMITED [Active] CIN = U18101WB2008PTC131561

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PTC039217

Company & Directors' Information:- K. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U14220JH2008PTC013409

Company & Directors' Information:- R K S INDUSTRIES PRIVATE LIMITED [Active] CIN = U20211WB1997PTC086009

Company & Directors' Information:- R I L INDUSTRIES PRIVATE LIMITED [Active] CIN = U70101DL1993PTC052678

Company & Directors' Information:- I S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29100GJ2009PTC057308

Company & Directors' Information:- A K ENGINEERING INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U25206DL1997PTC085204

Company & Directors' Information:- A J INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2004PTC145040

Company & Directors' Information:- G B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29220PN2011PTC139883

Company & Directors' Information:- S D B INDUSTRIES LIMITED [Active] CIN = U27107MP1996PLC010394

Company & Directors' Information:- K M INDUSTRIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1991PTC043295

Company & Directors' Information:- J. L. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29141MP2008PTC020731

Company & Directors' Information:- I K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100MH2010PTC199474

Company & Directors' Information:- H. D. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27310MH2011PTC216080

Company & Directors' Information:- H & H INDUSTRIES PRIVATE LIMITED [Active] CIN = U34100DL2010PTC204604

Company & Directors' Information:- A. G. INDUSTRIES LIMITED [Strike Off] CIN = U25201UP1994PLC017291

Company & Directors' Information:- B R INDUSTRIES LIMITED [Strike Off] CIN = U15204AS1993PLC003930

Company & Directors' Information:- I P M INDUSTRIES LIMITED [Active] CIN = U25200DL1995PLC068554

Company & Directors' Information:- M R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC036443

Company & Directors' Information:- R D I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC065508

Company & Directors' Information:- J G INDUSTRIES LTD [Active] CIN = L15141WB1983PLC035931

Company & Directors' Information:- R I ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74210KA1991PTC012420

Company & Directors' Information:- D ENGINEERING PRIVATE LIMITED [Active] CIN = U29269TZ1932PTC000046

Company & Directors' Information:- D U INDUSTRIES PRIVATE LIMITED [Active] CIN = U29230GJ2016PTC091588

Company & Directors' Information:- B V R INDUSTRIES PRIVATE LIMITED [Active] CIN = U28999CT2020PTC010570

Company & Directors' Information:- G M E P ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL1998PTC096737

Company & Directors' Information:- C P ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U27209TN1987PTC014052

Company & Directors' Information:- S J V INDUSTRIES LTD [Amalgamated] CIN = U15421WB1982PLC035521

Company & Directors' Information:- A T C INDUSTRIES LTD [Strike Off] CIN = U27109AS1984PLC002201

Company & Directors' Information:- N V INDUSTRIES PVT LTD [Active] CIN = U51909WB1953PTC020952

Company & Directors' Information:- S C ENGINEERING CO PVT LTD [Active] CIN = U74210WB1982PTC035623

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- G D ENGINEERING COMPANY (INDIA) PVT LTD [Active] CIN = U74210WB1993PTC058553

Company & Directors' Information:- L K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291MH2012PTC233546

Company & Directors' Information:- FUTURE U INDIA PRIVATE LIMITED [Active] CIN = U74140DL2015PTC279276

Company & Directors' Information:- G S C INDUSTRIES PRIVATE LTD [Active] CIN = U92114DL1956PTC002616

Company & Directors' Information:- B & J INDUSTRIES PRIVATE LIMITED [Active] CIN = U25199GJ2020PTC114151

Company & Directors' Information:- A. V. ENGINEERING INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999DL1974PTC007360

Company & Directors' Information:- M K ENGINEERING PVT LTD [Active] CIN = U29199GJ1995PTC027278

Company & Directors' Information:- N. P. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31100WB2010PTC150609

Company & Directors' Information:- A K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U50300UP1981PTC005354

Company & Directors' Information:- G K S INDUSTRIES PVT LTD [Strike Off] CIN = U24119OR1982PTC001128

Company & Directors' Information:- B M K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17100MH1948PTC006398

Company & Directors' Information:- K S M ENGINEERING PRIVATE LIMITED [Active] CIN = U74210TG1997PTC028612

Company & Directors' Information:- M A S ENGINEERING PRIVATE LIMITED [Active] CIN = U99999MH1976PTC019233

Company & Directors' Information:- L S ENGINEERING INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1977PTC008484

Company & Directors' Information:- G R K ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74200AP2011PTC076356

Company & Directors' Information:- T C G INDUSTRIES PRIVATE LIMITED [Converted to LLP] CIN = U13200MH1958PTC011079

Company & Directors' Information:- E S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999TN2012PTC086119

Company & Directors' Information:- K P ENGINEERING CORPORATION PVT LTD [Strike Off] CIN = U74200WB1961PTC025258

Company & Directors' Information:- P K R ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U29130TZ2004PTC011094

Company & Directors' Information:- L F INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291UP2015PTC068602

Company & Directors' Information:- R P ENGINEERING INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999DL1973PTC006781

Company & Directors' Information:- G A S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29191MH2004PTC149606

Company & Directors' Information:- R A R INDUSTRIES PRIVATE LIMITED [Active] CIN = U74900TG2016PTC103684

Company & Directors' Information:- K S A B INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB2012PTC181903

Company & Directors' Information:- S V S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U36100JK2013PTC003808

Company & Directors' Information:- A C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2011PTC222515

Company & Directors' Information:- K Y ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC248278

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- A V K INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52100KA2012PTC066761

Company & Directors' Information:- T J ENGINEERING PRIVATE LIMITED [Active] CIN = U28999MH2021PTC353062

Company & Directors' Information:- P. S. W. INDUSTRIES PRIVATE LIMITED [Active] CIN = U24290BR2021PTC053712

Company & Directors' Information:- W D ENGINEERING PRIVATE LIMITED [Active] CIN = U29308MH2020PTC345065

Company & Directors' Information:- S V ENGINEERING INDUSTRIES PVT LTD [Under Liquidation] CIN = U74210TG1981PTC003174

Company & Directors' Information:- INDUSTRIES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109BR1946PTC000228

Company & Directors' Information:- K INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1946PTC005438

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Under Process of Striking Off] CIN = U99999MH1948PTC006932

Company & Directors' Information:-  ENGINEERING COMPANY ( [Not Available for eFiling] CIN = U99999MH1951PLC010002

    C.S. No. 299 of 2020 & O.A. Nos. 564 & 565 of 2020 & A. No. 2603 of 2020

    Decided On, 25 October 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

    For the Plaintiffs: M/s. Gladys Daniel, Advocate. For the Respondents: --------



Judgment Text

(Prayer: Civil Suit has been filed under Order IV, Rule 1 O.S. Rules and Order VII, Rule 1 of the C.P.C., read with Sections 27, 134 and 135 of the Trade Marks Act, 1999, praying to pass a judgment and decree for:-

(a). granting a permanent injunction, restraining the Defendants, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the marks AQUA GROUP INDUSTRIES or any other mark identical or deceptively similar to the Plaintiffs registered Trade Marks “IMAGE”, AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES, AQUA GROUP INDUSTRIES as such or prefix or suffix in Submersible Pumps, Electric Motors or any other pumps or motors and its spares or in any other goods manufactured and sold by the Defendants or its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, phonetically and deceptively similar to the Plaintiffs’ registered Trade Marks “IMAGE” AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES., AQUA GROUP INDUSTRIES or in any manner infringing the Plaintiffs Registered Trade Mark Nos. 1285017, 1285018 in Class 37 and 3811351 in class 35 and other AQUATEX (word) and (device) registrations, AQUA SUB ENGINEERING and AQUA PUMP INDUSTRIES and AQUA GROUP registrations as set out in paragraph 10 of the plaint.

(b) Granting a permanent injunction, restraining the Defendants, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the marks AQUA GROUP INDUSTRIES or any other mark identical or deceptively similar to the Plaintiffs Trade Marks “IMAGE”, AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES,AQUA GROUP INDUSTRIES as such or with prefix or suffix in Submersible Pumps , Electric Motors or any other pumps and motors and its spares or in any other goods manufactured and sold by the Defendants and its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, phonetically and deceptively similar to the Plaintiffs Trade Marks “IMAGE”, AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES, AQUA GROUP INDUSTRIES or in any manner pass off the Plaintiffs’ goods.

(c) Directing the Defendants to surrender to the Plaintiffs all the goods, packing materials, cartons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing/bearing the Trade Mark AQUA GROUP INDUSTRIES or other deceptively similar to the Plaintiffs’ registered Trademarks “IMAGE”, AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES.

(d). Directing the defendants to render an account of profits made by them by the use of the impugned trademark AQUA GROUP INDUSTRIES on the goods pumps and motors and decree the suit for the profits found to have been made by the defendants, after the defendants have rendered accounts;

(e). directing the defendants to pay to the plaintiffs the costs of the suit.)

(This case has been heard through video conferencing)

1. The case of the plaintiffs is that, the plaintiffs are the manufacturers of different types of Electrical Motors and Pumps. They are trading as “IMAGE” ‘AQUATEX’, ‘AQUASUB’, ‘AQUASUB ENGINEERING’ & ‘AQUAPUMP INDUSTRIES’. Plaintiffs 1 and 2 were started business in the year 1974 and 1982 respectively as joint proprietors in respect of trademark for domestic and agricultural pumps including bore well submersibles, open-well submersibles, domestic pumps, jet pumps, agricultural mono blocks and electric motors. The plaintiffs are also registered Proprietors of the mark "AQUATEX" and the device “IMAGE”

They marketed their products under two Trademarks Registrations, which is extracted as below:-

(i) The expression “TEXMO” and “IMAGE” impressed on an inverted triangle.

(ii)”TEXMO”word per se.

2. The trademark “TEXMO” with its device “IMAGE”is used by the plaintiffs since 1974. For specific goods, Registration of trademark has been obtained as below:-

“IMAGE”

Among the plaintiffs, the categories of pumps and motors are identified and they are manufacturing and marketing their respective allotted types of pumps and motors. The mark ‘AQUA GROUP’ written inside a red bubble has been adopted and used by the first plaintiff from the year 1974 and the second plaintiff from the year 1982.

3. While so, the defendants, in order to exploit the goodwill and reputation of the plaintiffs, had started using the mark ‘AQUA GROUP INDUSTRIES’ for their product. The defendants are manufacturing, selling and distributing Submersible Pumps, Electric Motors, its spares and other similar products under the impugned trade mark ‘AQUA GROUP’ and they are trading the same under the name ‘AQUA GROUP INDUSTRIES’. The plaintiffs haveno objection for the defendants used the trade mark ‘AQUA MARSHAL’, but the use of the trade name ‘AQUA GROUP INDUSTRIES’ is in violation of the registered trademark of the plaintiffs. The defendants have adopted the impugned mark to deceive and confuse the consumers. Being an infringement of the intellectual property rights, injunction is sought against the use of the mark ‘AQUA GROUP INDUSTRIES’ by the defendants, which is phonetically and deceptively similar to the plaintiffs’ registered trade mark ‘AQUA SUB’, ‘AQUASUB ENGINEERING’, ‘AQUAPUMP’ AND ‘AQUAPUMP INDUSTRIES’ AND ‘AQUATEX’.

4. At the time of admission, this Court, on considering the description of the defendants name boards, had granted exparte interim injunction on 05.11.2020. Suit summon was served on the defendants on 25.02.2021. Since there was no representation on behalf of the defendants, this Court called them absent and set exparte vide, order dated 23.09.2021. The plaintiffs were directed to marshell their evidence. Accordingly, the Additional Master No.II has recorded the evidence of the plaintiffs.

5. PW-1- Mr.R.Prasanna Raghavan, Branch Manager of the second plaintiff company has filed his proof affidavit in lieu of chief examination. Eight exhibits were marked in respect of the plaintiffs’ case. Ex.P2 is the legal use certificate issued in favour of the plaintiffs. These exhibits clearly show that the plaintiffs are the proprietors of the trademark ‘AQUA SUB, AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES AND AQUATEX’ etc. The defendants had applied for registration of the trademark ‘AQUA GROUP INDUSTRIES’. The same has been objected by the plaintiffs and the application is pending before the Registrar of Trademark at Mumbai.

6. The name board of the defendants is marked as Ex.P7, which is extracted as below:-

“IMAGE”

7. The plaintiffs do not claim any right over the defendants’ use of the mark ‘AQUA MARSHALL’, but it is concerned with the use of the trade name ‘AQUA GROUP INDUSTRIES’ which likely to resemble the plaintiffs trade house and deceptively pass off as the products of the plaintiffs. The word ‘AQUA GROUP’ is identified with the plaintiffs trade house and turnover of the plaintiffs’ firm besides expenses incurred for publicity indicates that, the plaintiffs’ trademark has gained secondary meaning associated with them. Therefore, the use of the word ‘AQUA GROUP INDUSTRIES’ by the defendants will diminish the goodwill of the plaintiffs.

8. Therefore, this Court is of the view that, the defendants are to be restrained from infringing the plaintiffs mark ‘AQUA GROUP’. The relief of permanent injunction sought against the defendants in prayer (a) and (b) is granted. If the defendants are in possession of any goods, packing materials, cartons

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, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing/bearing the trademark ‘AQUA GROUP INDUSTRIES’ or other deceptively similar to the plaintiffs’ registered trade mark ‘AQUA GROUP’, ‘AQUATEX’, ‘AQUASUB’, ‘AQUASUB ENGINEERING’, ‘AQUAPUMP’ AND ‘AQUAPUMP INDUSTRIES’, the same shall be surrendered to the plaintiffs, within a period of 30 days from the date of this judgment. Accordingly, prayer (c) is granted. Since there is no evidence to show that the defendants are benefited or profited by the alleged infringement, the prayer for rendering account is dismissed. 10. In the result, The relief sought under prayer (a), (b) and (c) is granted. The relief sought under prayer (d) is declined. Accordingly, this Civil Suit is partly allowed with costs. Consequently, connected applications are closed.
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