This is a classic case of claim of Infringement and Passing Off. Short Background of the Case.
Shree Mauli Chemicals Industries, Newasa at Ahmednagar, Maharashtra owns and uses JEEVAN DROP as its trademark and market goods as Water disinfectants. Shree Mauli Chemicals appointed Shree Swami Samarth Agencies as its Marketing Agent somewhere in the year 2011 and it came to expire in the year 2015. Mutually parties did not renew the Marketing Agreement.
Shree Swami Samarth Agencies entered into Assignment agreement with one Seema Bagade and obtained exclusive assignment of JAL DROP tradenmark and launched similar product as that of JEEVAN DROP. The chemical Sodium Hypochloride was main content of both products.