(August 3, 2001) 2001 (TLS)125881

2001-AD (Del)-6-783

GILLETTE COMPANY Vs. A. K. Stationery

A. K. SIKRI

( 1 ) THE plaintiff no. 1 - Gillete Company incorporated in U. S. A. has filed this Suit for permanent injunction, rendition of accounts and damages under Section 27 and 105 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act, for short ). The plaintiff no. 2 - Luxor Writing Instruments Limited is an affiliate of plaintiff no. 1 which is incorporated in India under the Indian laws. It is 50% owned by the plaintiff no. 1 and has been licensed by the plaintiff no. 1 to use its various trade marks. The dispute in the present Suit relates to trade mark flexgrip which is used by the plaintiffs in connection with a wide range of writing instruments. By this Suit, the plaintiffs are seeking a decree of permanent injunction restraining the defendants from using the trade mark flexgrip upon or in relation to their writing instruments or other articles of stationery in violation of the plaintiffs,common law rights in the trade mark FLEXGRIP. The defendant no. 1 is only a retail outlet which is trading in various stationary items and the defenda