SAP AKTIENGESELLSCHAFT Vs. ROHIT SHARMA

JUDGEMENT

(1.) IA 12712/2013 (On behalf of the Plaintiff Under Order 2 Rule 2 Code of Civil Procedure) The present application has been filed by the Plaintiff seeking liberty under Order 2 rule 2 to sue the Defendant for similar reliefs as prayed for in the suit in respect of other trademarks of the Plaintiff which are being infringed by the Defendant and of which the Plaintiff does not have knowledge at present but may become aware in the future. The Plaintiff has contended that the Plaintiff has filed the present suit in respect of only five trademarks of the Plaintiff which are being infringed by the Defendant. It is contended that the Plaintiff is not aware if the Defendant is infringing any other trademark of the Plaintiff. Liberty is sought to sue the Defendant in future in respect of trademarks that are not subject matter of the present suit and in respect of which the Plaintiff is not aware if the Defendant is infringing the same.

(2.) The case of the Plaintiff is that the Plaintiff was formerly known as Rampur Distillery and was established in the year 1943. In the year 1999, the Plaintiff launched its brand under the house mark/trademark Radico.

(3.) As per the Plaintiff, the Plaintiff has state-of-the-art bottling lines and had set up some well -known trademarks. The Plaintiff is stated to have set up bottling plants in various states. The Plaintiff claims to have strong presence in the market.