Delhi HC Grants Permanent Injunction To PM Diesels For Mark 'FIELDMARSHAL'; Decrees 40 Year Old Suit
The Delhi High Court has granted PM Diesels a permanent injunction, restraining anyone from using the mark FIELDMARSHAL.
In that context, the Bench of Prathiba M Singh observed that "The non-grant of the injunction for the last more than 35 years cannot disentitle P.M. Diesels for an injunction at the final stage, if it has established its case as also its entitlement in law on the basis of its legal rights. Accordingly, it is held that P.M. Diesels is entitled to a permanent injunction restraining the Defendant-Thukral Mechanical Works, and anyone else acting for or on their behalf from using the mark ‘FIELDMARSHAL’ in respect of centrifugal pumps, mono block pumps or any other products, so as to result in passing off, as that of P.M. Diesels or as being connected to P.M. Diesels’ business."
In 1985, PM Diesels Private Limited filed a suit against Thukral Mechanical Works, seeking to prevent them from using the mark "Fieldmarshal" or any similar mark. PM Diesels claimed to be the registered owner of the mark "Fieldmarshal," used since August 1965. They alleged that Thukral Mechanical Works' use of a similar mark would cause deception.
The Court held PM Diesels is the proprietor, original adopter and owner of the mark ‘FIELDMARSHAL’ in respect of diesel oil engines, monoblock pumps and centrifugal pumps and related goods, and is the bona fide adopter of the said mark.
Subsequently, it was held that, "In view of the fact that P.M. Diesels is the bona fide prior adopter, prior user and legitimate owner of the mark FIELD MARSHAL, which it has used by a large distributor and dealer network across India and abroad, including in various States, it is entitled to registration of the mark in respect of the goods applied for in class 7, in different languages. The writ petitions are allowed, and the impugned order dated 11th February, 2005 is set aside. The applications bearing nos. applications nos. 423258 to 423267 of P.M. Diesels for the mark ‘FIELDMARSHAL’ are, accordingly, directed to be proceeded for registration, in accordance with the 1999 Act. Let the trade mark registration certificates be issued in one month."
Cause Title: M/s. PM Diesels P Ltd. vs M/s Thukral Mechanical Works
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