EXIDE TECHNOLOGIES Vs. EXIDE INDUSTRIES LTD. AND ORS.

JUDGEMENT

(1.) This is an appeal against the judgment dated 05.09.2012 of a Learned Single Judge of this Court, whereby CS(OS) No. 812/1997 (hereafter "the suit") filed by Exide India/ the first plaintiff (hereafter called "the plaintiff" or "Exide India") against the Appellants, - (hereafter referred to as "the defendant" or "Exide US"), was decreed and Exide USs counterclaim was dismissed. The impugned judgment held:

(2.) The brief facts of the case are that the first defendant, Exide Technologies (earlier known as Exide Corporation USA), claims to be one of the largest manufacturers of automotive batteries in the world and the global owner of the mark EXIDE in at least 130 countries. The second defendant is incorporated under Indian laws and the subsidiary of the said first defendant/Exide US. The plaintiff, Exide India is an Indian company and claims to be the owner of the mark ,,EXIDE in India on the bases that it is the registered owner of the trademark and that it is the prior user of the mark in India. Accordingly, when Exide US sought to use the mark/name ,,EXIDE with respect to its products, the plaintiff, Exide India instituted the suit for permanent injunction against the defendants from using the mark ,,EXIDE in any manner whatsoever. This culminated in the impugned judgment. Plaintiff Nos. 2 to 9 are pro -forma parties in the present appeal and no relief has been sought against them. Rival Averments in the proceedings: Plaint

(3.) The plaintiff/Exide India claimed that it is engaged in the business of manufacturing and selling high quality automotive batteries under the brand name ,,EXIDE and its variants in India. It avers that its predecessors had been carrying on that business under this brand since 1920, when Chloride Eastern Storage Co. (UK) (hereafter referred to as "CESCO") ­ its predecessor -in -interest - set up trading operations in India. Exide India/plaintiff claims to be well known all over the country as the source of technically higher and superior quality batteries bearing the trade - mark ,,EXIDE.