L&T versus LNT/ELENTE

The appellant Larsen and Toubro Ltd. (L&T), in the

instant case Larsen & Toubro Ltd. v. Lachmi Narain

Trades. & Ors 2008 (36) PTC 223 (Del.) (DB), is

engaged in diverse business activities including transportation

and infrastructural development, finance, information

technology within and outside the country. Nearly a dozen

subsidiary companies using the 'L&T' prefix with

their names have been incorporated over the years to carry on

the said business activities. The annual turnover of the

company which runs into thousands of crores and its publicity

expenditure which has gone up from 7 crores in 1991-92 to 53

crores in 2001-02 also denotes its popularity.

Aggrieved by the use of the names/abbreviation 'LNT'

and 'ELENTE' as brand names for electrical goods

including electrical distribution systems like miniature

circuit breakers etc. by the defendants, the plaintiff company

filed a suit restraining it from passing of the said goods as

that of the plaintiff by confusing the wary customers. The

plaintiff's case was that the defendant intended to

capitalize on the goodwill of the plaintiff, for there was no

reason for the defendant to adopt such a name and abbreviation.

An application seeking an ad interim injunction restraining the

defendants from using the mark LNT/ELENTE was also filed. The

defendants contested alleging that the name LNT/ELENTE was not

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