LAWS(DLH)-2010-6-32

KSB AKTIENGESELLSCHAFT Vs. KSB GLOBAL LIMITED

Decided On June 04, 2010
KSB AKTIENGESELLSCHAFT Appellant
V/S
KSB GLOBAL LIMITED Respondents

JUDGEMENT

(1.) The plaintiffs have instituted the present suit for permanent injunction against infringement of their trade mark, passing off, damages and other consequential reliefs. The core issue raised in the suit relates to the defendant using the letters "KSB" as part of its corporate name which the plaintiffs aver violates their statutory rights under the Trade Marks Act, 1999 (hereinafter referred to as "Trade Marks Act") and their common law right that the defendant would not pass off its goods as those originating from the plaintiffs.

(2.) PLAINTIFFS CASE

(3.) DEFENDANT'S CASE