C & S Electric Limited v. C & S Switchgear Private Limited & Ors

G.S.SLSTANI,J

08. ' ' - • IN THE HIGH COUirr OF DELHI AT NEW DELHI -I CS(OS) 2380/2009 % Judgment Delivered on: 29.02.2012 C & S ELECTRIG LIMITED ... Plaintiff Through: Mr.ManishSrivastavaand Mi'.Kapil Gutpa, Advs. versus C & S swn CriGEAR PRIVATE LIMITED & ORS Defendants Thi'ough CORAM: • HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J. {ORAJ^ 1. Present suit has been filed by plaintiff seeking permanent injunction restraining infringement of trademark, infringement of cop^-'right,passing' off, damages, rendition of accounts of profits, delivery up. ^ 2. By an order dated 4.11.2011, defendant no.l was proceed ex pcirle, defendant no.2 was deleted: from the array of parties and suit stands decreed against defendants no.3 and 4. Plaintiff has filed the ex parte evidence of PW-1, Mr.Lalit Khanna, the company secretary of the plaintiff company, who has deposed on the lines of the plaint. The affidavit of PW-1 has been exhibited as P-l/A. 3. In the affidavit, PW-1 has deposed that he is the Company Secretai-y of plainti ff company and is well conversant with the facts, of the case and is competent to swear the present affidavit. He further deposed that he is the constituted attorney of the plaintiff and duly authoricd to sign and verify the pleadings .and institute the present suit on its behalf vide Board. CS(OS)23m2()()<)^ Page]of12 Resolutiondated 24.11.2009 of the plaintiffcompany. Original Board Resolutiondated24.11.2009has beenexhibitedas ExliibitPW-1/1. 4. PW-l has further deposed that the present suit concerns the Plaintiffs intellectualpropertyrights in the trademarks/ trade names, C&S,,C&S (logo), CS Control (logo), C&S Electric (logo), C & S Controls and Switchgear and the tag line, "We touch your electricity every day" (hereinaftertogether referred to as the "Suit Trademarks").PW-1 has deposedthat defendanthas violatedplaintiffsstatutoryand commonlaw rights in the Suit Trademarksin view of the Defendants'unauthorized, unlicensed and mala fide use of the Suit Trademarks and/or parts thereof as the essential, distinctive and memorable portion of the Defendants' trade name/trademark and in relation to Defendants' identical business activities. PW-1 has next stated that the Plaintiff is amongst the leading suppliersofelectricalequipmentin Indiaand is India'slargestexporterof industrial switchgear. Plaintiff offers a wide range of electrical and electronicproductsthat fmd applicationin powergeneration,distribution, control, protection and fmal consumption.The Plaintiff employs over 3000 people including 400 engineers, and has 16 statc-of-the art manufecturingplants, the Plaintiffhas 22 sales offices acrossIndia and its productsare exportedto 73 countries.The Plaintiff also has severaljoint venture companies and two 100% owned subsidiaries. PW-1 has also deposed that after graduating from IIT Kliaragpur in 1962, and working with a leading (jerman engineering company, FANAL, as a switchgear design engineer, Mr. R.N. Khanna founded a start-up entity knowii as Controls & Switchgear Company as a partnership concern. Soon ,.., thereafter younger brother of Mr. Ashok Khanna, who had graduated from . IIT Madras joined the business. The said entity was converted into a private limited company, Controls & Switchgear Company Private CS(OS) 2380/2009 ' Piig^2()fl2 V Limited in 1971 and thereafter, in 1988, it became a deemed pubhc company and came to be Imown as Controls & SwitchgearCompany Limited.This companywas the predecessor-in-interestofthe Plaintiffand hereinafter,references to the Plaintiffshall include the said company. CertificateofIncorporation ofOld Company is exhibitedas EXHIBIT PW-1/2.CertificateofIncorporationofthe new Companyis exhibitedas EXHIBIT PW-1/3. 5. PW-1 has also deposed that between 1966 and 1982, the Plaintiff, on account of investments, cutting, edge technological improvements, researchand development,etc., becameamongstthe largestlow voltage ("LV") switchboardsmanufacturerin India. Duringthe same period,the Plaintiff also