HERMES INTERNATIONAL Vs. MACKY LIFESTYLE PRIVATE LIMITED.

JUDGEMENT

(1.) The present Suit has been filed by the Plaintiffs for infringement and passing off the trade mark, infringement of copyright, passing off, dilution, tarnishment, rendition of accounts, damages, delivery up, unfair competition, misappropriation etc. against the Defendants alleging that the Defendants were allegedly found to be without any authorization manufacturing; using, advertising, offering for sale and selling identical products as that of the Plaintiffs, infringing the three dimensional shape mark of the Plaintiffs' 'Birkin' Bag and the Trade Mark 'Hermes' and stylized Marks ' ' and '', ("Subject Marks") leading to infringement of trade marks, passing off, infringement of copyright, dilution and tarnishment of the reputation and goodwill earned by the Plaintiffs.

(2.) Plaintiff No. 1 is an entity incorporated under the laws of France and engaged in the business of luxury bags and accessories. Plaintiff No. 2 is a subsidiary of Plaintiff No. 1 incorporated in India, which is engaged in the business of the Plaintiffs in India.

(3.) Defendant No. 1 is a company incorporated under the laws of India. Defendant No. 2 is a director of Defendant No. 1. The Defendants are engaged in the business of leather bags and accessories.