CHRISTIAN LOUBOUTIN SAS Vs. ABUBAKER

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 25 th May, 2018 passed by the learned Single Judge, dismissing the Appellants suit being CS (Comm) No. 890 of 2018 at the very first hearing of the suit without there being any summons issued to the Respondents/Defendants.

(2.) Admit. With the consent of counsel for the parties, the appeal is heard finally. Background

(3.) The aforementioned commercial suit was filed by the Appellant (Plaintiff), a company duly incorporated under the existing laws of France, having its registered office at Paris against the Defendants who are located in Mumbai. The suit was filed for a permanent injunction to restrain the Defendants from infringing the Plaintiffs trademark, passing off, unfair competition, dilution and tarnishment, apart from damages, rendition of accounts of profits and delivery up etc.