LACOSTE AND ANR. Vs. GLOBAL IMPEX INDIA

JUDGEMENT

(1.) THE Plaintiffs have filed the present suit -against the Defendant - for permanent & mandatory injunction, passing off, infringement of trade mark and copyright, rendition of accounts, delivery up, damages & for unfair competition claiming inter alia appropriate reliefs.

(2.) THE suit avers that the first Plaintiff is an international Company manufacturing products bearing a "Crocodile" device and is the proprietor in India of copyrights in artistic work consisting of a device of a Crocodile (hereafter referred to as "the Crocodile device"). The first Plaintiff has two distribution agreements worldwide with Pentland Chaussures Ltd, with its incorporated office in England and Montaigne Diffusion S.A. a French corporation for the distribution of footwear and apparel bearing the trade mark Lacoste and the Crocodile Device respectively. Those two entities entered into sub distribution agreements with the second Plaintiff for the distribution of the products bearing the trade marks forming the subject matter of the suit. The copies of the agreements are annexed herewith as EX. PWI/3.

(3.) IN addition to the above, the first Plaintiff is the proprietor in India of the following trade mark registrations: