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2010 Supreme(Del) 95

S.RAVINDRA BHAT
SHELL BRANDS INTERNATIONAL AG – Appellant
Versus
PRADEEP JAIN PROPRIETOR SHELL EXPORTS – Respondent


Advocates Appeared
Through :Mr. Manav Kumar and Ms. Neha Kapoor, Advocates.
Through :Mr. Shridhar. Y. Chitale, Advocate.

JUDGMENT

S.RAVINDRA BHAT

1. The plaintiffs seek a decree for permanent injunction, alleging infringement and passing-off, of their trademark “SHELL”; they also seek other reliefs, such as damages, direction for delivery-up etc.


2. The first plaintiff is a company incorporated under the laws of Switzerland. The second plaintiff is an incorporated company under the laws of England. They both claim to be members of the SHELL group of companies, of which ROYAL DUTCH SHELL PLC, an English entity is the holding-company. It is alleged that the group comprises of several subsidiary and joint venture entities which produce, manufacture and market a wide range of petro-chemicals, energy goods and services. The plaintiffs allege that the SHELL group of companies was established in 1907 and now constitute a diverse international group of energy and petro-chemical companies, operating in over 140 countries, employing 1,19,000 people. It is also claimed that the group is engaged world-wide and is best known for its retail service stations, exploring and producing oil and gas on land and at sea. It is contended that the presence of the SHELL Group in India dates

back to about eighty years ago whe
















































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