ONEIDA LTD. Vs. SH. PANKAJ JAIN AND ANR.

JUDGEMENT

(1.) BY this order I shall dispose of I.A. No. 13156/2007 filed by the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908.

(2.) THE brief facts are that the plaintiff has filed a suit for permanent injunction restraining the defendants and their officers, agents etc from selling, offering to sell, advertising, and directly or indirectly dealing in stainless steel products under any trade mark deceptively similar to the plaintiffs trade mark Oneida. as well as for passing off, damages and delivery up. The plaintiff is a Company organized and existing under the laws of the State of New York, USA and claiming to be one of the largest manufacturer and marketer of stainless steel flatware and other tableware products in the world.

(3.) IN fact the plaintiff does business through its authorised distributor Verpaco India Pvt. Ltd. The plaintiff supplies goods under the trade mark Oneida in major hotel chains in India such as Taj Group, Hyatt etc. The plaintiff has a website www.oneida.com which provides details of its goods.