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2022 Supreme(Del) 2172

PRATHIBA M. SINGH
Exide Industries Limited – Appellant
Versus
Krishna International – Respondent


Advocates Appeared:
For the Plaintiff : Ms. Suhrita Mazumdar, Mr. Afzal B. Khan, Mr. Vishal Nagpal.
For the Defendants : Mr. Saurabh Kumar Tuteja.

JUDGMENT :

(Prathiba M. Singh, J.)

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff-Exide Industries Limited, seeking permanent injunction restraining the Defendants from infringement of the Plaintiff’s registered trademark and trading name ‘EXIDE’, passing off, rendition of accounts, damages, delivery-up, etc. The Plaintiff is engaged in the business of manufacture and sale of automotive and industrial batteries and claims rights in the mark ‘EXIDE’ which is used in respect of lead acid storage batteries ranging from 2.5 Ah to 20,200 Ah capacity covering the broadest spectrum of applications. The Plaintiff is also stated to be manufacturing high-end batteries for submarines and for other security related machinery as well. It has various subsidiaries in India and abroad, including in the United Kingdom, Singapore and Sri Lanka. The Plaintiff s presence in the Indian market with the trademark 'EXIDE' is tangible, widespread, continuous and uninterrupted, especially in view of the fact that the Plaintiff has more than 1750+Exide Care

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