MALHOTRA INTERNATIONAL PRIVATE LIMITED Vs. VIDYUT METALLICS LIMITED

JUDGEMENT

(1.) THE facts of this case illustrate what has been so pithily observed by Justice Srikrishna in the case of (Poddar Tyres Ltd. v. Bedrock Sales Corporation Ltd.) In paragraph 2 of the said judgement it has been observed as follows:

(2.) THE plaintiffs have filed this suit claiming a declaration to the effect that the termination of the registered user agreement between the plaintiff No. 1 and the defendant by letter dated 9th June, 1993 is legal, valid and binding on the defendants. The plaintiffs have also sought a perpetual injunction restraining the defendants, its servants, agents and assigns from in any way acting in derogation of the exclusive right of the plaintiff No. 1 to use the 15 registered trade marks mentioned in the plaint of which plaintiff No. 1 is the registered proprietor and plaintiff No. 2 is the registered user. Damages in the sum of Rs. 50 lakhs are also claimed.

(3.) THIS Notice of Motion has been taken out for an order of injunction restraining the defendants from infringing the plaintiffs trade mark described in paragraph 1 of the plaint and passing of the defendants products and goods as the products and goods of the plaintiff. It is also prayed that pending the hearing and final disposal of the suit the defendants be directed to deliver up for destruction of their goods, products, price lists, brochures, advertisements, articles and effects bearing the plaintiffs trade mark.