OSRAM GMBH Vs. TEJMEET SINGH SETHI

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit has been filed by M/s Osram GmbH and Osram Lighting Private Limited against Mr. Tejmeet Singh Sethi and Mr. Hartej Singh Sethi. The Plaintiffs claim rights in the mark 'OSRAM' which was adopted by them internationally in the year 1906. The first 'OSRAM' trademark was registered in India by the General Electric Company Ltd. (GEC) in the year 1945 under trade mark no. 1112537 in Class 11 and the said mark still continues on the register. The said mark was used extensively by GEC in India through its subsidiaries. The Plaintiffs have a large number of trademark registrations in India for the mark 'OSRAM' in Classes 11, 9, 35, 37, 42 and multiple other classes. The mark 'OSRAM' is also registered in a number of foreign countries such as Algeria, Australia, Austria, Belarus, Belgium, Netherlands and Luxemburg (Benelux), Bulgaria, Canada, China, Croatia, Czech Republic, Denmark, European Union (OHIM), Finland, France, Georgia, Great Britain, etc.

(3.) The trademark 'OSRAM' is stated to be derived from the name of two materials that are needed to produce filaments, namely, 'OSmium (name of a metal) and WolfRAM (the German word for tungsten) as explained in paragraph 12 of the plaint. Thus, the mark is an invented mark. The Plaintiffs' worldwide turnover is to the tune of 3, 464 million Euros for the year 2019. The Plaintiffs are engaged in manufacturing a range of products comprising of slim, energy efficient TriPhosor, Lumilux Plus Fluorescent Lamps, CFL lamps, incandescent lamps and glass for FTL, etc. 'OSRAM' has a marked presence in India with its head office located in Gurugram and regional offices and distribution centres across the country.