LAWS(DLH)-2014-3-180

FLOWIL INTERNATIONAL LIGHTING B V Vs. DIGITAL GADGETS

Decided On March 14, 2014
Flowil International Lighting B V Appellant
V/S
Digital Gadgets Respondents

JUDGEMENT

(1.) The two plaintiffs instituted the present suit, initially against eight defendants, for permanent injunction restraining infringement of registered trademark "SYLVANIA" and for restraining the defendants from passing off their goods as that of the plaintiffs and for the ancillary relief of rendition of accounts, pleading:-

(2.) Vide ad interim order dated 14th July, 2010 in this suit, the defendants no.1&2 were restrained from using the mark "SYLVANIA" in any manner whatsoever and the defendants no.3 to 8 were restrained from advertising or promoting the "SYLVANIA" brand particularly for Net Book PCs either through promotional mails or through their websites.

(3.) Subsequently, the defendants no.9&10 i.e. M/s Siemens Industry Inc. and M/s Osram GmbH were added as defendants to the suit, pleading that they were the principal companies of defendant no.2 Osram Sylvania Inc.