Supreme Court Grants Relief To 'Pulimoottil Silks' In Trademark Infringement Case

The Supreme Court recently reinstated an interim injunction passed by a District Court in Kerala restraining a textile owner from using the trademark "Pulimoottil Silks".

Pulimoottil Silks, is a chain of textile shops, having many branches in Kerala and operating in the state for a period nearing a century. In 2021, a suit was filed by them before the Thrissur District Court against a shop to be inaugurated with the name 'Pulimoottil Textiles ' in Thiruvananthapuram alleging infringement and passing off of their Trademark 'Pulimoottil Silks .

An interim application was also filed by them against the defendant seeking an injunction from using 'Pulimoottil' or any deceptively similar name in respect of Textile business.

The District Court, after hearing the both sides, granted injunction as prayed for by a detailed reasoned order. The Defendant challenged the Order of the District Court granting injunction before the High Court of Kerala . The High Court vacated the injunction order and directed the District Court to dispose the suit within 8 months from the next date of posting.

Aggrieved by the said order, Petitioner filed an appeal before the Supreme Court . The Counsels for the Petitioners, Senior Adv. Neeraj Kishan Kaul,Adv. Benoy K.Kadavan and Adv. A.Karthik, contended that, a well reasoned order of the district was interfered by the High Court without any cogent reason in violation of the Principles laid down by the Apex Court in Wander Ltd v.Antox India Pvt Ltd (1990)Supp.(1) SCC727. More over, in infringement suits of Trademarks, Injunction is the general Rule as held in Midas Hygiene Industries (P) Ltd v Sudhir Bhatia and Others 2004(3)SCC 90 and it can be vacated only in exceptional circumstances. In addition to that, the principle of deceptive similarity should be viewed from the point of view of average man of imperfect recollection as laid down in Amritdhara Pharmacy v Satyadeo Gupta AIR 1963 SC449 was also disregarded by the High Court.

The Supreme Court bench comprising Justice Surya Kant and Justice J.B pardiwala,after hearing the counsels for both sides , stayed the order passed by the High court and reinstated the injunction order passed by the District Court ,restraining the defendants from using the name 'Pulimoottil' or deceptively similar name in respect of Textile business.

Case Title: PULIMOOTTIL SILKS VERSUS RADHAKRISHNAN PUTHEN VEEDU NARAYANAN  

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