Respondent has always dealt with regard to the goods in question. The letter of authority
addressed to „whom it may concern‟ is written by Bingling Enterprises Ltd. The Respondent has
been buying and dealing in the above goods directly from the above named manufacturer and
sole distributor for a long duration of time since the 20th day of April 2012 as seen from
annexure 'A'. The Respondent thereafter applied to have the impugned goods registered and
was shocked by the turn of events that the Applicant was objecting to its registration alleging to
be the registered dealer in the said goods. The Respondent states that the Applicant is not the
duly authorized agent of the manufacturer to deal in the sale and distribution of the above
goods and so is unlawfully doing so. The Applicant only got registered after the
Respondent had already applied for the same trademark to deal in the same goods. The
two marks are different-MOON for the Applicant and PURPLEMOON for the
Respondents therefore there is no way they are confusing to the consumers of the goods.
The Applicant fraudulently applied and obtained protection with knowledge of the
manufacturer's existence and without his consent to deal in the same goods as his agent,
which consent the manufacturer had already given to the Respondent. As a result of the
aforementioned fraudulent acts, the Respondent counterclaims against the Applicant‟s
registration in the main suit before the court through its lawyer. The Respondent was
served with court documents which included an interim application one (1) day to the
hearing of the application which proceeded exparte and the order granted which was
prejudicial to the Respondent's interests. Since the Applicant is not the lawful authorized
agent of the manufacturer, he was never entitled to the grant of the interim injunction they
received. The temporary injunction they are seeking would only give him more rights than
he is entitled to derive from dealing with the goods in question and continuing to pass off
as the manufacturers agent yet he is not.
The Applicant filed an affidavit in rejoinder on 22 nd December, 2016 in which Muhammed
Imran a Director of the Applicant states as follows:
The Applicant lawfully applied for and was accordingly registered the Legal Owner of
the trade mark in part A of the Register, Class 24 under Number 53206 in respect of
Textiles and Textile goods to wit bed covers, table covers, blankets, bed sheets inter
alia. The trademark was registered in the names of the Applicant on 29th July, 2015. The
manufacturers of the goods in question are LlNYI GRENE INDUSTRY & TRADING
COMPANY LIMITED of Luo Zhuang District, Linyi City, Shandong, China and
PURPLE MOON BLANKETS TRADING LLC of Shouq AI Kabeer Street, Deira Dubai,
U.A.E. PURPLE MOON BLANKETS TRADING LLC of Shouq AI Kabeer Street, Deira
Dubai, U.A.E. is a manufacturer of the goods in question to wit; the blankets bearing
"purple moon marks" and is also the Sole Agent/distributor of Linyi Grene Industry &
Trading Company Limited's goods. The Applicant is the sole agent/distributor of the
goods both Purple Moon Blankets Trading LLC and Linyi Grene Industry & Trading
Company Limited. Purple Moon Blankets Trading LLC of Shouq AI Kabeer Street, Deira
Dubai, U.A.E. authorized the Applicant to register its registered trademark in the names of
the Applicant as seen in the agency letter attached. The Respondent is selling and
distributing blankets bearing the Applicant's trade mark without mandate from the
Applicant and even in the existence of an Interim Order issued by Court. He averred that
he was informed by his lawyers that the use of the Applicant's trademark by the
Decision of Hon. Mr. Justice Christopher Madrama
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