S.P.GOYAL
Banga Watch Company, Chandigarh – Appellant
Versus
N. V. Philliphs, Eindhoven, Holland – Respondent
1. This appeal has arisen out of an action for passing off instituted by the respondents against the appellants to restrain them from using the name of Philips or any similar mark on watches, clocks and the like so as to pass off their goods as those of the plaintiffs.
2. The respondent No. 1 is a limited company incorporated under the laws of the Netherlands and having its registered office at Emmasingel, 29, Eindhoven, Holland and respondent No. 2 is its subsidiary limited company incorporated in India. The company in India is engaged under the trade mark Philips in the manufacturing of a wide range of electrical and non-electrical goods including all kinds of lighting products, radios, electronic tubes, semi conducting devices and industrial component articles, materials, electroacoustical and cinematographic recording and reproducing apparatus, domestic refrigerators and deep freezers, cryogenic equipment, photographic and optical apparatus, instruments, sound recording, reproducing and simplifying equipment, electronic microscopes, electrotechnical, scientific welding, measuring, weighing, medical, electro-medical and X-ray apparatus and equipment both for medical and
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