LAWS(DLH)-2015-10-455

SIEMENS AKTIENGESELLSCHAFT Vs. SIEMENS PROJECT INDIA PVT LTD

Decided On October 09, 2015
Siemens Aktiengesellschaft Appellant
V/S
Siemens Project India Pvt Ltd Respondents

JUDGEMENT

(1.) The plaintiffs have filed a suit for permanent injunction restraining infringement of the trademark, misuse of the trademark SIEMENS as a trading name, damages, delivery up etc. against the defendant.

(2.) The defendant is ex parte. No written statement has been filed by the defendant. The plaintiffs have filed the ex parte evidence by way of affidavit of Ms. Vandana Prabhu as PW-1. The same was tendered in evidence as PW-1/X. Certain documents were exhibited in the affidavit.

(3.) As per pleadings and affidavit, it has come on record that the plaintiff No. 1 is a company existing under the laws of Germany and having its registered office at Wittelsbacherplatz 2, Munich, Germany who had executed a Power of Attorney dated 4th May, 2015, whereby PW-1 has been authorized to represent and give evidence on behalf of the plaintiff Company. The original Power of Attorney dated 4th May, 2015 has been exhibited as Ex.PW 1 /1.