JUDGMENT

Prathiba M. Singh, J. (Oral)--The Plaintiff - M/s. Diesel S.P.A., is an Italian company and the owner of the trademark `DIESEL'. The company was founded by Mr. Renzo Rosso, an Italian who adopted the mark `DIESEL' in 1978 for garments, but thereafter expanded into a range of men's products like fragrances, watches, eyewear, cosmetics, and various other accessories. The Plaintiff's products are claimed to be sold in more than 100 countries in the world. In India, the mark `DIESEL' is registered both in word form and logo form in several classes including classes 3, 9, 14, 16, 18, 24 25, 41 & 42, as stated in paragraph 6 of the plaint. It is the case of the Plaintiff that the mark `DIESEL' is also an essential part of the domain name and website www.diesel.com.

2. The Plaintiff avers that in the last week of April, 2014, it came across various counterfeit products with the trademark `DIESEL' and came to know that the said products are being promoted through various social media platforms and blogs. The original Plaint impleaded Defendant No.1 as M/s. Smart Collection. Mr. Yasin Sayani original Defendant no.2 claimed that he was the owner of the trade mark `SMART COLLECTIO