Asian Paints' Suppression of Material Facts Leads to Lifting of Injunction on Use of "Apex" Trademark
Mumbai, March 30, 2026 - In a significant ruling, the Bombay High Court has vacated an interim injunction previously granted to Asian Paints Limited against Apex Metchem Private Limited, preventing the latter from using the trademark "Apex." The court found that Asian Paints had suppressed material facts regarding Apex Metchem's prior use and incorporation of the "Apex" trade name, which constituted a suppression of material facts crucial to the case.
The dispute arose when Asian Paints sought an ex parte ad-interim injunction, claiming infringement of its registered trademark "Apex." The injunction, granted on September 23, 2025, restrained Apex Metchem from using the mark, leading to the seizure of goods by the Court Receiver. Apex Metchem, however, contended that it had been using the "Apex" mark since 1995, well before Asian Paints' adoption of the same.
Justice Sharmila U. Deshmukh, presiding over the case, highlighted the importance of full disclosure in applications for ex parte injunctions. The court noted that Asian Paints had failed to disclose Apex Metchem's long-standing use of the "Apex" mark and its incorporation as a private limited company since 1995. The judgment emphasized that such suppression of facts constitutes misleading the court, thereby warranting the vacation of the interim order.
The court pointed out that the Plaintiff must make reasonable inquiries and disclose all material facts that could influence the court's decision. The absence of such disclosures, coupled with misleading statements regarding the Defendant's period of use, led to the conclusion that the injunction was unjustly obtained.
Apex Metchem's counsel, Mr. G. D. Bansal, argued that the Plaintiff's failure to disclose the Defendant's prior use and incorporation date was a significant oversight. He maintained that Apex Metchem had an established presence in the market since 1966, under various corporate structures, and had documented continuous use of the "Apex" mark.
The judgment underscores the necessity for parties seeking ex parte relief to provide a full and accurate disclosure of all pertinent facts, particularly in trademark disputes where prior use is a valid defense against claims of infringement.
The court's decision to vacate the interim injunction allows Apex Metchem to resume its business operations, which had been adversely affected by the previous order. The seized goods are to be released forthwith, although the order has been stayed for four weeks upon request.
This ruling serves as a reminder of the rigorous standards that applicants must meet when seeking ex parte relief, ensuring that justice is not compromised by the suppression of material facts.
Bottom Line:
Trade Mark Law - Plaintiff must make full and accurate disclosure of all material facts, including prior use and incorporation of Defendant's trade name, while seeking ex parte ad-interim injunction. Failure to do so constitutes suppression of material facts.
Statutory provision(s): Trade Marks Act, 1999, Order 39, Rule 4 of Code of Civil Procedure, 1908
Apex Metchem Private Limited, (Bombay) : Law Finder Doc id # 2879963
