KSB AKTIENGESELLSCHAFT AND ORS. Vs. SANJAY JAIN

JUDGEMENT

(1.) THIS is an action for infringement of trademark committed by the Defendants by using trademark 'KSB India' which according to the Plaintiffs is identical and/or deceptively similar to the Plaintiffs' registered trademark 'KSB' in relation to pipes.

(2.) IT is averred in the plaint that Plaintiff No. 1 is a Corporation organized, or incorporated and/or existing under the laws of Federal Republic of Germany. Plaintiff No. 2 is a company incorporated and registered under the Companies Act, 1956. Plaintiff No. 2 was incorporated on 11th day of April, 1960 in India. It is averred in the Plaint that Plaintiff No. 1 holds (through its subsidiary) 40.54% shares in the Plaintiff No. 2 and that Plaintiff No. 2 is an associate of the Plaintiff No. 1. It is averred in the plaint that Plaintiff Nos. 1 and 2 are constituents of the Multi National KSB Group.

(3.) THE Senior Manager - Direct Taxes and Legal of Plaintiff No. 2 and Authorized signatory Plaintiff No. 1 one Mr. Vijay Prabhakar Shindhaye has led the evidence by filing Affidavit in lieu of examination -in - chief. He confirms the correctness of the contents of the Affidavit. The Affidavit, inter alia, reiterates what is stated in the Plaint. Through the evidence, the compilation of documents is tendered in the Court which is taken on record and marked as Exhibit - X.