DEBANGSU BASAK
Sony Kabushiki Kaisha – Appellant
Versus
Sony Trade Links (India) Pvt. Ltd. – Respondent
Debangsu Basak, J.
The plaintiff seeks perpetual injunction against the defendants for using the trademark ‘SONY” or any other trademark deceptively similar thereto. The plaintiff also seeks perpetual injunction restraining the defendants from passing off their business or goods as the business or goods of the plaintiff. The plaintiff seeks accounts and damages from the defendants.
The plaintiff is a manufacturer of electronic goods. It is the registered proprietor of the trademark ‘SONY’. The plaintiff claims exclusive right over the trademark ‘SONY’ by virtue of such registration. The plaintiff claims that it learnt of the defendants carrying on business under the name and style as the first defendant is described in the cause title of the plaint and subsequent thereto the plaintiff has filed the instant suit for the reliefs as sought for herein.
The first defendant has filed written statement and has denied the material allegations made in the plaint. The first defendant claims that it does not manufacture any electronic goods. The name ‘Sony’ has been used by the first defendant as a part of the family name of the persons in control of the first defendant.
The parties disc
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