JUDGMENT :

JAYANT NATH, J.

IA No.4800/2017

1. This application is filed by the plaintiff to restrain the defendants etc. from manufacturing, exporting or otherwise dealing with goods including but not limited to E-rickshaws, bearing the defendant’s DMW marks or any other mark that is either identical or deceptively similar to the plaintiff’s BMW Marks. Other connected reliefs are also sought.

2. The accompanying suit is filed by the plaintiff seeking a permanent injunction for the same relief as noted above. Other connected reliefs are also sought. It is the case of the plaintiff that that it was founded in Munich, Germany in 1916. It enjoys the distinction of being one of Germany’s largest industrial companies. It is stated to be one of the most reputed car and motorcycle manufacturers in the world. It is claimed that the plaintiff manufactures and sells automobiles under the plaintiff’s BMW marks. The plaintiff has also been manufacturing motorcycles under the said marks since 1923 and motor cars under the mark BMW since the year 1928. It is stated that these automobiles set the highest standards in terms of aesthetics, dynamics, technology and quality. For numerous decades the part