I.A. 15312 of 2015 (by plaintiff under Order XXXIX Rules 1 & 2 CPC read with Section 151 CPC)

1. The present suit has been filed by the plaintiff for permanent injunction restraining the defendants from infringing its trademark, corporate name, copyright, passing off and has also claimed damages etc.

2. The case of the plaintiff in brief is that it is the registered owner of the trademark MEX which it is using for electric switchgears, switches, ignition switches, electric capacitators, electric meters, starting devices for electric motors etc and various other electrical goods. The Plaintiff is also using the trade mark MEX on CFL bulbs, kitkats, fuses, wires and cables and many other cognate and allied goods and the said mark is being used by its predecessor since the year 1960 continuously, extensively and exclusively.

3. It has been stated by the plaintiff that the word MEX is an integral part of the corporate name of the plaintiff which was incorporated in the year 1979. The registered trademark is owned by the plaintiff company M/s Mex Switchgears Pvt. Ltd. on its incorporation and the word MEX is also used in the corporate name of the company. The said trademark is re