N. V. NUTRICIA Vs. NUTRICA INTERNATIONAL PVT. LTD.

JUDGEMENT

(1.) The hearing has been conducted through video conferencing. CS(COMM) 341/2020 & IA No. 7294/2020 (u/O XXXIX R 1 & 2 r/w Sec. 151 CPC by the plaintiffs); I.A. 7799/2020 (u/O 39 R 4 r/w Sec. 151 CPC by the defendants); I.A. 11593/2020 (by defendants) & IA No. 8744/2021 (u/O 1 R 10(2) r/w Sec. 151 CPC)

(2.) Pertinently, plaintiff No.1- N.V. Nutricia is a company incorporated under the laws of The Netherlands. Plaintiff No.2, Nutricia International Private Limited, is a wholly owned subsidiary of the plaintiff No.1. The trade mark 'NUTRICIA' has been used in association with the products of plaintiff No.1, both as a brand as well as the trade/corporate name.

(3.) According to plaintiffs, the trade mark 'NUTRICIA' was coined, conceived and adopted by plaintiff No.1 in the year 1901 and has since been extensively used by the plaintiff No.1 as a brand as well as the dominant and operative part of its corporate name. Over the years, as the plaintiff No.1 and its group companies have expanded across the globe and established themselves as leaders in the specialised nutrition market, the trade mark 'NUTRICIA' has become progressively well-known across the world, and has become exclusively associated with the plaintiff No.1 and its group companies. The plaintiff No.1 also has several registrations for the trade mark 'NUTRICIA' in its favour in various other countries apart from India. Thus, the trade mark 'NUTRICIA' is solely and exclusively associated with the plaintiffs.