P.M. Diesel’s Plaint Returned

Litigation in Intellectual Property although conforms to the general practices and procedures of civil litigation, the determinants of objections raised under the Procedural Code many a times lie in the intricacies associated with the facts governing the existence of intellectual property. In a suit dealing with admissibility of a Plaint filed under Order VII of the Civil Procedure Code, 1908 P.M. Diesel Ltd. v. Patel Field Marshall Industries [IA Nos.2381/2000, 7387/1999, 13850/2006 in CS (OS) 1612/1989] heard at the Delhi High Court witnessed such a scenario.

The trade mark "FIELD MARSHALL" associated with Patel Field Marshal Agencies as well as Patel Field Marshal Industries was used with respect to the marketing of their goods of the same kind and description, as those of the P.M. Diesel. The mark is used in relation manufacture, export and marketing of diesel oil engines, centrifugal pumps, electric motors and their component parts in which the parties are