Dealing with an appeal challenging the order of a Single Judge
granting an interim injunction is the case of Micolube India
Ltd. v. Maggon Auto Centre 2008 (38)PTC 271
(Del.)(DB). Dealing with the trademark 'MICO', the
injunction of the use of the mark until the final disposal of the
suit was brought into challenge. It was also concluded therein that
Micolube India had concealed and suppressed material facts and
further that the ingredients of passing off as per settled
principles were prima facie not established.
Motor Industries Co. Limited (the co-defendant), a company
incorporated under the Companies Act, 1913 had adopted MICO (an
acronym of its corporate name) and for nearly 60 years had been
using MICO as its distinctive trade mark in respect of all the
products manufactured and marketed by them. Engaged in the business
of diverse automotive products including spark plugs, fuel
injection equipment, hydraulic and pneumatic equipment, car audio
systems and
