NSTA POWER vs. AMCO INSTA POWER – Suit For Declaration

Tractors and Farm Equipment Ltd is a reputed manufacturer of tractors and farm equipments. They started a division to manufacture and market tubular and flat batteries to be used in UPS, Inverters etc. Amco Batteries limited is an associate company. Amco Batteries Limited granted a licence in favour of the Tractors and Farm Equipment Ltd to use the trademark AMCO.

The appeal filed was in pursuance of the suit filed for declaration that the expression "INSTA POWER" is descriptive, referring to "INSTANT POWER" and that the respondent, K.S. Sunil Kumar cannot claim monopoly over the two words asserting an exclusive right and for permanent prohibitory injunction restraining against the use of the expression. Further more, the prohibitory injunction was to prevent the Sunil Kumar from threatening the Tractors and Farm Equipment Ltd of taking legal action for the use of the expression "AMCO INSTA POWER" in any manner. A claim for liquidated damages amounting to Rs. 1,00,000 was also made.