BANGA WATCH COMPANY Vs. N V PHILLIPHSEINDHOVENHOLLAND

JUDGEMENT

(1.) This appeal has arisen out of an action for passing off instituted by the respondents against the appellants to restrain them from using the name of Philips or any similar mark on watches, clocks and the like so as to pass off their goods as those of the plaintiffs.

(2.) The respondents No. 1 is a limited company incorporated under the laws of the Netherlands and having its registered office at Emmasingel, 29, Eindhoven, Holland, and respondent No. 2 is its subsidiary limited company incorporated in India. The company in India is in the manufacturing of a wide range of electrical gods including al kinds of lighting products, radios, electronics tubes, semi conducting devices and industrial component articles, materials, electroacoustical and cinematographic recording and reproducing apparatus, domestic refrigerators and deep freezers, cryogenic equipment, photographic and optical apparatus, instruments, sound recording, reproducing and simplifying equipment, electronic microscopes, electrotechnical, scientific welding, measuring, weighing, medical, electro-medical and X-ray apparatus and equipment both for medical and industrial applications electric house-hold appliances and machines, apparatus and equipment for telecommunication and for intercommunication, automatic and line telephony apparatus and equipment, dark room timers, multiple electric clocks and timers.

(3.) The defendants, a partnership firm are carrying, on business in the sale of watches, clocks, time-pieces and accessories thereof under the trade mark "Philips" since 1954. They are also doing business under the name and style of Musical Trading Company.