ROLEX SA Vs. ALEX JEWELLERY PVT. LTD.

JUDGEMENT

(1.) Plaintiff has filed the instant suit seeking relief of permanent injunction against Defendants from committing infringement of plaintiff's registered trademark ROLEX, for passing off, unfair competition, delivery-up, accounts for profits/damages etc.

(2.) Defendant No. 1, Alex Jewellery Private Limited, carries on business of manufacturing, selling, distributing and trading in artificial jewellery under the mark ROLEX. Defendant Nos. 2 and 3, Mr. Ashish Kumar Ahuja and Mr. S. S. Kohli respectively, retail the said artificial jewellery. Defendant No. 2 also carries on business in the name and style of ROLEX Jewellery House and had also registered the domain name w w w. rolexjewelleryhouse. c o m and operated a website under the said name.

(3.) As per the case of the plaintiff, the plaintiff adopted trade mark ROLEX in respect of its products and obtained the first trademark registration for the trade mark ROLEX in 1908 in Switzerland. The plaintiff changed its name to Rolex Watch Company and then to Montres Rolex SA and is now called Rolex SA and is headquartered in Geneva, Switzerland.