Date of Decision: 10th October, 2022
Plaintiff no. 1 is the owner and the registered proprietor of the mark ‘SPP PUMPS’, a company registered in England. Plaintiff No.2 is Kirloskar Brothers Ltd. The defendant is SP Parvathy Industries, a sole proprietary concern of Mr. Selvaraj Premkumar, located in Coimbatore.
Plaintiffs claim that the coined word/abbreviation and is highly distinctive of its products. The Defendant started using the mark ‘SPP PUMP’ for products including screw pumps with different logo. The Plaintiffs issued a cease-and-desist notice dated 14th October, 2021 upon acquiring knowledge of the Defendant’s use of the mark ‘SPP PUMP’ asking the Defendant to cease all use and advertising of products bearing the mark ‘SPP PUMP’ as a trade mark, trade name, part of domain name, etc. In response to one of the letters dated 11th January 2022 sent on behalf of the Plaintiffs, the Defendant sent a reply through its counsel that the Defendant agreed to give up the mark, with no timeline indicated. On 22 nd February, 2022 and sought an undertaking from the Defendant that the mark be changed within a period of 30 days. The Defendant wrote back assuring the Plaintiff that the Defendant is in the process of honouring the commitment but was still using it. On 3rd June, 2022 agreed to change the name of his unit.
A decree of permanent injunction is granted in favour of the Plaintiff restraining the Defendant or anyone acting for or on its behalf from manufacturing, selling, offering for sale pumps or any other cognate or allied goods bearing the mark ‘SPP’, ‘SPP PUMPS’, ‘SPPI’, ‘SPPI PUMS’ or any other mark that is identical or deceptively similar to the Plaintiff’s mark/logo SPP as also from using the domain name www.spppumps.in
Nimmy Maria Babu
Interns at CIPRA