BATA INDIA LIMITED Vs. VITAFLEX MAUCH GMBH

JUDGEMENT

(1.) The subject suit being decided by the present judgment is a suit filed by the plaintiff/Bata India Limited against the defendant/Vitaflex Mauch Gmbh whereby plaintiff seeks declaration that the threats made by the defendant with respect to the shoes being manufactured by the plaintiff being an infringement of the trade mark or patent rights of the defendant are unjustified and wrongful, and as stated in the defendant's Legal Notice dated 03.04.2006. Plaintiff also seeks the relief of injunction to restrain the defendant from issuing the groundless, unjustifiable or wrongful threats to the plaintiff and also from circulating threats through circulars or advertisements or by communications (oral or written) to the plaintiff or any other person, in this regard. Plaintiff also seeks damages of Rs.20 lacs on account of the unjustifiable and wrongful threats issued by the defendant.

(2.) The basis for filing of the suit is that the plaintiff received from the defendant a Legal Notice dated 03.04.2006 and in which notice the defendant stated, inter alia, the following:-

(3.) Plaintiff replied to the Legal Notice dated 03.04.2006 by its Legal Notice dated 18.04.2006 stating, inter alia, the following:-