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2014 Supreme(Del) 3397

MANMOHAN SINGH
Sandisk Corporation – Appellant
Versus
Shivji Electronics – Respondent


Advocates Appeared:
For the Appellant :Shwetasree Majumder and Prithvi Singh, Advocate.

JUDGMENT :

Manmohan Singh, J.-

1. The plaintiff has filed a suit for permanent injunction restraining infringement of trademark "SanDisk", copyright, passing off, rendition of accounts of profits, damages and delivery up against the defendants.

2. The suit along with interim application was listed before Court on 31st August, 2012. After hearing, detailed ex-parte ad interim injunction order was passed restraining the defendants, their partners, servants, agents, representatives etc. from manufacturing, selling, offering for sale such products, that infringe the plaintiff's trademarks, 'sanDisk' and its 'sanDisk' logo and/or are identical or deceptively similar to the plaintiff's product packaged and sold under the trademark 'sanDisk', 'sanDisk' logo and 'Red Frame' logo.

3. Upon service of interim order, the defendants appeared. However, no written statement was filed and accordingly the right to file the written statement was closed vide order dated 18th April, 2013. The interim order dated 31st August, 2012 was made absolute vide order 18th April, 2013. Thereafter, the defendants stopped appearing and consequently, the defendants are proceeded ex parte vide order dated 22nd July, 2

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