LAWS(DLH)-2012-9-84

MORGARDSHAMMAR INDIA LIMITED Vs. MORGARDSHAMMAR AB

Decided On September 19, 2012
MORGARDSHAMMAR INDIA LIMITED Appellant
V/S
MORGARDSHAMMAR AB Respondents

JUDGEMENT

(1.) The appellants filed the present appeal against the judgment and decree passed on 2nd January, 2012 in CS(OS) No.863/2010 by the learned Single Judge whereby the suit filed by the respondent for permanent injunction against the appellants was decreed restraining them from using the name "MORGARDSHAMMAR" and the trademarks "MORGARDSHAMMAR LABEL" and "MH ARROW DEVICE" or any other mark identical or deceptively similar to the trademarks/trade name "MORGARDSHAMMAR LABEL" and "MH ARROW DEVICE" and "MORGARDSHAMMAR" of the respondent.

(2.) The dispute revolves on four agreements and admitted facts are as under:

(3.) The said arrangement was continued between the appellants and Volvo in pursuant to four agreements but in the meanwhile, by virtue of an Asset Purchase Agreement dated June 16, 1987, Volvo sold and transferred all its business and assets including all its patents, registered designs, trademarks, copyrights and other intellectual property rights including the subject Trade Mark(s) to the respondent. The respondent was earlier also known as PREMIARAKTOREN 689 AKTIEBOLAG AND NYA MORGARDSHAMMAR AKTIEBOLAG.