Facts: The defendant, a Japanese company, adopted the PARAMOUNT mark in 1987 for its business in hospital beds and holds registrations of the mark in other countries though not in India. Plaintiff is the registered proprietor of mark label PARAMOUNT under clause 10 (surgical, medical, dental etc.) as also in class 20 (furniture, mirrors, picture frames etc.) and its first registration dates back to 14.01.2000.
Issue: The dispute was revolving around the use of the trademark PARAMOUNT for hospital beds. In the instant suit, it was pleaded by the Plaintiff that the word PARAMOUNT was first adopted in the year 1993 as part of its corporate name and it has been engaged in manufacturing and supplying intensive care hospital beds in India. Initially, an ex-parte order had been passed whereby the Defendant was restrained from using the mark PARAMOUNT. Aggrieved by the ex-parte order, the Defendant filed an application to set aside the interim injunction. The Defendant argued that the ex-parte order was obtained by concealing material facts.
Decision: Having examined the documents filed by the Defendant, the Court held that the Defendant has been promoting his business of the sale of hospital beds under the name of PARAMOUNT in India since the year 2002. It was held that the opposition filed in the year 2009 and emails exchanged clearly established that the Plaintiff was fully aware of the presence of the Defendant in the Indian market. The Court held that this is not a case of delay in approaching the court but approaching the court with incorrect submission. If an injunction is granted, at this stage, the business which the defendant has built up over the years of which the plaintiff was well aware would be brought to a stand-still; irreparable loss and injury would be suffered by the defendant which may not be able to be compensated at a later stage.
So the court set aside the ex-parte interim injunction order granted earlier I favour of Plaintiff.
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