VALMIKI J. MEHTA, J.

I.A. Nos.3994-95/2018 (exemption)

Exemption allowed subject to just exceptions.

I.A.s stand disposed of.

CS(COMM) No.750/2018 and I.A.Nos.3992/2018 (stay) & 3993/2018 (under Order XXVI Rule 9 CPC)

1. This suit comes up for admission today. By the suit plaintiff seeks the reliefs of injunction, delivery, rendition of accounts and damages by pleading that the plaintiff is the owner of the trademark VAC-PAC and that the defendant is using an identical trademark VAC-PAC and that too with respect to the same goods of the plaintiff being welding electrodes. As per the plaint the plaintiff is engaged in the manufacturing of conventional welding electrodes. Plaintiff is also as per the plaint engaged in the business of repair and reclamation of welding electrodes. The plaintiff is engaged in manufacturing in collaboration with Kjellberg Finsterwalde, Germany. Plaintiff is also engaged in manufacturing of fire suppression systems coatings, fire barriers, etc and various other products as detailed in para 5 of the plaint.

2 (i). As per para 8 of the plaint, the plaintiff company has its well known trademark of SUPERON under which the plaintiff sells its goods, and al