THE SINGER COMPANY & ANR. Vs. MOHAMMED FAYAZ

JUDGEMENT

(1.) The plaintiffs have filed the present suit for permanent injunction restraining infringement of trademark, passing off,dilution, delivery up etc. against the defendant.

(2.) While issuing summons in the suit on 29.04.2013, this Court had grantedan ex parte ad interim injunction in favour of the plaintiff and against the defendant. Defendant had entered appearance and also filed their written statement. Thereafter, the plaintiffs have filed amended plaint and this court had granted time to the defendant to file its written statement to the amended plaint but defendant failed to file the same. On 15.05.2015, none was present on behalf of the defendant and accordingly,the defendant was proceeded ex parte. The plaintiffs have also filed the ex parte evidence of one, Ms. Veena P.(PW-1) and Mr. Richen Sangwan(PW-2).

(3.) As per the plaint, the plaintiffs are world leaders in the sewing machine industry. The plaintiffs started their business in the year 1851 when I.M. Singer formed 'Singer Company Ltd.', to manufacture and sell a revolutionary product, i.e. a machine to automate and assist in making clothing. The plaintiffs have worldwide operations and claim to be one of the largest sellers of sewing machines globally.