MORGARDSHAMMAR AB Vs. MORGARDSHAMMAR INDIA PVT LTD

JUDGEMENT

(1.) Plaintiff has filed the present suit for permanent injunction against the defendants for restraining the infringement of plaintiff's trademark and trade name, passing off, delivery up of the infringing material and rendition of accounts.

(2.) Plaintiff's case, as set out in plaint is that the plaintiff is a company registered in Sweden. It is engaged in the business of manufacturing, designing, fabricating and delivering revamps of all sorts of rolling mills including guide system, equipments and spare parts of the rolling mills. The plaintiff was formerly known as PREMIARAKTOREN 689 AKTIEBOLAG and NYA MORGARDSHAMMAR AKTIEBOLAG. Plaintiff has extensive business worldwide and has proprietary rights in the trade name "MORGARDSHAMMAR" and trademarks "MORGARDSHAMMAR (LABEL)" and "MH ARROW DEVICE". Several companies have been incorporated by the plaintiff in USA and other parts of the world with the said trade name "MORGARDSHAMMAR".

(3.) Centro MORGARDSHAMMAR AKTIEBOLAG (hereinafter referred to as "Volvo") had applied for and obtained registration in India in respect of trademark "MH MORGARDSHAMMAR (LABEL)" bearing no.393277 in Class 7 with respect to rolling mills machinery, parts thereof and fittings. Volvo was also the proprietor and owner of the trademark "MH ARROW DEVICE" with respect to rolling mills machinery, parts thereof and fittings.