BRAHMOS AEROSPACE PVT LTD. Vs. BRAH MOS GARMENTS

JUDGEMENT

(1.) The plaintiff has filed the suit for permanent injunction restraining infringement of the trademark, rendition of accounts/damages and delivery up etc. against the defendant.

(2.) Brief facts of the case as stated in the plaint are that the plaintiff, an Indian Russian joint-venture company, was incorporated on 5th Dec., 1995 as BrahMos Private Limited and thereafter, its name was changed to BrahMos Aerospace Private Limited in 2003. This Joint Venture was formed through an inter-governmental agreement for design, development, manufacture and sale of supersonic missile systems to Indian Armed Force.

(3.) It has been averred that BrahMos is a unique name formed with the conjugation of parts of names of two great rivers of India and Russia, i.e. "Brahmputra" and "Moskva". BrahMos is a distinctive trademark of the plaintiff which also forms an important constituent of the trading name of the plaintiff.