Fact of the Case:
Cabcon India Limited, a long-standing manufacturer and seller of aluminium conductors, cables, and related products, discovered that Godha Cabcon and Insulation Limited had adopted the mark "CABCON" as part of its corporate name and domain name. The plaintiff, who has been using the "CABCON" mark since 1991 and holds valid trademark registrations for the same, claimed that the defendant’s use of "CABCON" and "GODHA CABCON" in the same line of business was likely to cause confusion, amounting to infringement and passing off.
Procedural Background in Brief:
The plaintiff issued a cease-and-desist notice on 30th October 2023, but the defendant did not respond. Subsequently, Cabcon India Limited filed a suit seeking injunction and related reliefs. On 11th March 2024, an ad-interim order was granted by the Court restraining the defendant from using the mark "CABCON" and allowing only the use of "GODHA" without "CABCON." This interim order was later confirmed. Despite service of summons, the defendant failed to appear or file a written statement, prompting the plaintiff to seek a decree under Order VIII Rule 10 CPC.
Reasoning of Court:
The Court observed that the plaintiff was the prior and continuous user of the "CABCON" mark and had established goodwill and reputation in the industry. The defendant’s adoption of an identical and deceptively similar mark for identical goods (conductors and cables) created a high likelihood of confusion among consumers. The Court found that the defendant's conduct, including the use of the disputed mark in its domain name, indicated dishonest intent. Citing precedents on trademark infringement and passing off, the Court found no factual dispute requiring trial.
Decision:
The Court decreed the suit in favor of the plaintiff. A permanent injunction was granted restraining the defendant from using the mark "CABCON" or any deceptively similar variation thereof. The Court also held that the defendant could only use the mark "GODHA" independently.
Case Details:
Case Title: Cabcon India Limited Vs Godha Cabcon and Insulation Limited
Date of Order: 5th March 2025
Case Number: IP-COM/45/2024
Neutral Citation: Not provided
Name of Court: High Court at Calcutta
Name of Hon'ble Judge: Hon'ble Mr. Justice Ravi Krishan Kapur
