APLAB LIMITED Vs. APPLABS TECHNOLOGIES PRIVATE LIMITED

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard fnally.

(2.) This petition under Article 227 of the Constitution of India takes exception to an order dated 8 th December, 2017, passed by the learned District Judge, Thane, on an application (Exhibit- 50) in Civil Suit No.6 of 2008, whereby the learned Judge rejected an application for amendment of the plaint so as to incorporate, inter alia, claim for enhanced damages to the tune of Rs.100 crores, for the deceptive use of the Trade Mark.

(3.) The Aplab Limited, the petitioner - plaintiff company has instituted a suit against the Applabs Technologies Private Limited, the respondent - defendant company with the assertion that the defendant has infringed the Trade Mark "Aplab" in the year 2008 by using a deceptively similar and phonetically identical mark, "Applabs". The plaintiff is an established company. It deals in the business of manufacturing and marketing of various electrical and electronic devices. The plaintiff company has invented, adopted and registered the trade mark "Aplab". The defendant company adopted the name "Applabs" deceptively similarly to plaintiff's corporate name and trade mark. The plaintiff, thus, sought the reliefs of injunction and also damages quantifed at Rs.50,53,00,000/-.