Phykon Solutions Pvt. Ltd vs Mithun Gopal Advocate - Anoop Bhaskar — 2/2025

Case under Code of Civil Procedure Section 1(R). Disposed: Contested--ALLOWED on 21st March 2026.

CA - COMMERCIAL APPEAL

CNR: KLTV010054702025

Case disposed

Filing Number

2/2025

Filing Date

25-07-2025

Registration No

2/2025

Registration Date

29-07-2025

Court

District Court / Rent Control Appellate Authority, Thiruvananthapuram

Judge

5-Adl.District and Sessions Judge- IV/Adl.MACT1 Thiruvananthapuram

Decision Date

21st March 2026

Nature of Disposal

Contested--ALLOWED

Acts & Sections

Civil Procedure Code Section 1(R)
IA/1/2025 Classification : Section Phykon Solutions Pvt. LtdMithun Gopal
IA/2/2025 Classification : Carbon Copy Application Section Phykon Solutions Pvt. LtdMithun Gopal
IA/3/2025 Classification : Urgent Application Section Phykon Solutions Pvt. LtdMithun Gopal
IA/4/2025 Classification : Advance Application Section Mithun GopalPhykon Solutions Pvt. Ltd
IA/1/2026 Classification : Carbon Copy Application Section Mithun GopalPhykon Solutions Pvt. Ltd

Petitioner(s)

Phykon Solutions Pvt. Ltd

Adv. VISWAMBHARAN V S

Prabhu Chandra Mohan

Adv. VISWAMBHARAN V S

Prathish Vijay

Adv. VISWAMBHARAN V S

Respondent(s)

Mithun Gopal Advocate - Anoop Bhaskar

Hearing History

Judge: 5-Adl.District and Sessions Judge- IV/Adl.MACT1 Thiruvananthapuram

21-03-2026

Disposed

18-03-2026

Order/ Judgement

12-03-2026

Order/ Judgement

26-02-2026

Order/ Judgement

20-02-2026

FOR HEARING

Final Orders / Judgements

21-03-2026
Order

The appellate court reversed the trial court's interim injunction, finding that Mithun Gopal (plaintiff) failed to establish a prima facie case for restraining Phykon Solutions Private Limited from using the 'PHYKON' trademark. Although the court acknowledged the trademark was jointly registered in Gopal's name along with two other directors, it held that the company—as a prior user of the mark since 2007—cannot be prevented from using it by a co-proprietor, particularly given the company's established business, 120+ employees, and operational reputation. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The appellate court reversed the trial court's interim injunction, finding that Mithun Gopal (plaintiff) failed to establish a prima facie case for restraining Phykon Solutions Private Limited from using the 'PHYKON' trademark. Although the court acknowledged the trademark was jointly registered in Gopal's name along with two other directors, it held that the company—as a prior user of the mark since 2007—cannot be prevented from using it by a co-proprietor, particularly given the company's established business, 120+ employees, and operational reputation. This case analysis is maintained by casestatus.in based on publicly available court records.

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