+ I.A. No.9775/2008 in CS(OS) No.2035/2006
M/S S. OLIVER BERND FREIER GMBH & CO. KG. ..... Plaintiff Through Mr.S.K.Bansal, Adv. with
Mr.Ajay Amitabh Suman, Mr.Vikas
Khera & Mr.Santosh Kumar, Advs.
versus
M/S RASUL EXPORTS & ANR ..... Defendants Through Mr.S.Nanda Kumar, Adv. with
Mr.P.Dhayanand, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. The present suit has been filed by the plaintiffs for permanent injunction, restraining infringement, passing off, rendition of accounts etc. against the defendants.
2. The plaintiff, a company incorporated in Germany, is engaged in the business of manufacture and trade of a wide range of fashion and lifestyle products which principally include clothing and ready-made garments of all kinds and fashion accessory products like belts, shoes, bags, watches, eyewear products and fragrances and skincare products(hereinafter referred to as "the said goods and business").
3. It is the case of the plaintiff that since the year 1975, the plaintiff has been continuously, commercially, openly, in course of trade, has been using the trademark "s.Oliver", word per se and labels, which with
CS(OS) No.2035/2006 Page 1 of 30 the passage of time made minor changes in its artistic features, in respect of clothing and