CROMPTON GREAVES LIMITED REP BY ITS SENIOR EXECUTIVE LEGAL AND CONSTITUTED ATTORNEY MR D KARTHIK CHENNAI Vs. SALZER ELECTRONICS LIMITED SAMICHETTIPALAYAM JOTHIPURAM POST COIMBATORE

JUDGEMENT

(1.) These Original Side Appeals have been filed as against the order dated 08.03.2011 passed by the learned single Judge in Application Nos. 925 to 927 of 2010 in C.S. No. 753 of 2010.

(2.) The appellants herein have filed the suit in C.S. No. 753 of 2010 praying for permanent injunction restraining the respondents from infringing the trade marks of the appellant and misuse of its certification marks and for other consequential reliefs. Pending suit, the appellants have taken out O.A.Nos. 925 to 927 of 2010 praying for interim orders restraining the respondents from committing infringement of registered trade marks of the appellant; passing off the respondent's electrical products as that of the appellant and against the misuse of trade secrets and confidential information, consumer data, product code, catalogue numbers etc., The appellants have also filed Application No. 4677 of 2010 for appointment of an advocate commissioner to take inventory of infringing goods lying in the premises of the respondent.

(3.) The case of the appellant is that they are engaged in diverse business including power systems, industrial systems and consumer products. The first respondent is the manufacturer of electrical products and act as job worker for the appellant. The appellant has been placing order with the first respondent for manufacture and supply of electrical goods as per the requirements of the appellant. The first respondent exclusively manufactures the goods ordered by the appellant in compliance with the export standards as required. The appellant in turn exports the goods to their customer abroad. Such transaction is being carried on by the appellant and the first respondent since the year 2000. The appellant has applied for and obtained international standards Registrations viz., CE, UL and CSA for exporting and marketing their products in United States of America, Canada and European Economic Community in order to ensure safety standards. The appellant had paid huge testing fees to the authorities concerned to obtain the certifications. The proprietorship over the said certification marks and file numbers exclusively belonged to the appellant. While so, the appellant allowed the first respondent to affix tradmark CG logo, UL and CSA certification/folio numbers. In the meantime, the first respondent clandestinely started affixing the appellant's CG Logo, UL and CSA Certification/folio numbers and exported it to their customers directly without their consent. Further, the first respondent deals with the second respondent, who is an erstwhile customer of the appellant and exported goods to them by affixing the marks CG, CE, UL and CSA. According to the appellant, they are the registered Proprietor of the mark CG, CG Logo, CROMPTON GREAVES in various classes. The appellant registered their trademark with Community Trade Mark across Europian Countries. The first respondent, knowing it fully well, had misused the mark/logo CG and other certification marks UL,CSA and CE of the appellant. Therefore, the present suit was filed by the appellant.