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2014 Supreme(Del) 3396

MANMOHAN SINGH
NRB Bearings Limited – Appellant
Versus
Windsor Export – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Darpan Wadhwa, Arnav Kumar, Malavika Lal, Aditi Mohan and Roshni Namboodiry, Advocate
For the Respondent:Manu T. Ramachandran, Advocate

JUDGMENT :

Manmohan Singh, J.

By this order, I propose to decide the pending interim application being I.A. No. 3412/2010 filed by the plaintiff under Order XXXIX, Rules 1 and 2 read with Section 151 CPC in a suit for permanent injunction restraining defendant from using the website name nrbearing.com.

2. The case of the plaintiff is that plaintiff is a renowned company in the business of manufacturing needle roller bearings, ball bearings and various other types of roller bearings which are used in the automotive industry and all other engineering industries to reduce friction, for the more than 44 years at the time of filing of the suit.

3. The plaintiff was incorporated as Needle Roller Bearing Co. Ltd. but changed its name to NRB Bearing Ltd. in April 1990. The profit of the plaintiff for the year ending 31st March, 2009 is stated to be Rs. 53.45 crores and expenditure on advertisement is stated to be more than Rs. 82.47 lacs.

4. The plaintiff is stated to be owner of the trademark NRB which was first time registered in favour of the plaintiff on 27th May, 1965. Subsequently, "NRB" has been registered in favour of the plaintiff in different classes. Details of various trademark regi

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