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2016 Supreme(Del) 666

MANMOHAN SINGH
CARTIER INTERNATIONAL AG – Appellant
Versus
GAURAV BHATIA – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr.Pravin Anand, Adv. with Mr.Raunaq Kamath & Mr.Vishnu Rege, Advs.
For the Defendants : Defendants are ex-parte.

JUDGMENT :

MANMOHAN SINGH, J.


1. The plaintiffs have filed the present suit seeking inter alia permanent injunction restraining infringement of trademark, passing off, damages etc. It is alleged by the plaintiffs that the defendants are operating an e-commerce website where they are offering counterfeit products bearing the trademarks and logos of various luxury brands, including those of the plaintiffs, for sale. The defendants are ex-parte. The plaintiffs have produced the evidence by way of affidavit of Pankaj Pahuja as PW-1. The same was tendered in evidence as PW-1/A.

2. PW-1 has deposed that it has been signed on behalf of the plaintiffs by Mr. Flavio Mascetti in his capacity of the constituted, attorney of the plaintiff Companies. He identified the signatures of Mr. Flavio Mascetti on the plaint at the points marked 'C and 'D'. It is submitted that Mr. Flavio Mascetti is authorized to sign and verify the plaint by virtue of Powers of Attorney executed in his favor by plaintiffs which may be exhibited as Ex. PW-1/2 (colly).

3. The detailed affidavit of PW-1 has been filed on the lines of averments made in the plaint. The plaintiff No.1, Cartier International A.G. is the holde

















































































































































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