SANDISK LLC, & ANR Vs. TRANSTON

JUDGEMENT

(1.) Present suit has been filed for permanent injunction restraining infringement of trade mark, passing off, rendition of account of profits, damages, delivery up, etc. against the defendant. The prayer clause in the present suit is reproduced hereinbelow:- "a) An order for permanent injunction restraining the defendants, its partners, proprietors, servants, agents and all others in active concert with them from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in infringing products bearing the plaintiff's SanDisk trademarks being SANDISK, and the Red Frame Logo;

(2.) Vide order dated 13th October, 2017, this Court granted an ex parte ad interim injunction in favour of the plaintiffs and appointed a Local Commissioner to visit the premises of the defendant. The relevant portion of the ex-parte injunction order is reproduced hereinbelow:-

(3.) The Local Commissioner visited the premises of the defendants on 17th October, 2017 and seized 493 units of microSDHC cards bearing the plaintiffs' SANDISK trademark/product packaging. The seized products were sealed by the Local Commissioner and were given on Superdari to the defendant. The relevant portion of the Local Commissioner's report is reproduced hereinbelow:-