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As per case facts, the Respondent/Plaintiff "Bimal Saree Centre" has been in the saree business for over four decades. The Appellants/Defendants, initially operating as "Dharampal Di Hatti," later changed their
...trade name to "Vimal Saree Palace" and subsequently to "Vimal Wadhwa Saree Palace" in the same market, in close proximity to the plaintiff. The plaintiff alleged that "Vimal" was deceptively similar to "Bimal," causing public confusion and business loss. The trial court granted a permanent injunction, prompting this appeal. The question arose whether the trial court correctly enjoined the appellants from using "Vimal" in their trade name, given the phonetic and visual similarities and alleged deceit. Finally, the High Court upheld the trial court's judgment, confirming the deceptive similarity and intent to pass off, dismissing the appeal.
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