J U D G M E N T

I.A. 13721/2019-Stay

1. The plaintiff vide the present application seeks grant of an interim injunction for restraining the defendants.

2. Succinctly put, based on the submissions made by the learned counsel for the plaintiff as also the pleadings and documents filed in support thereof, the following is the case of the plaintiff.

3. The plaintiff, SM Motorenteile GmbH, is a company incorporated under the laws of Germany having its registered office at Asperg, Germany and an office in Pune, India. The plaintiff is a highly reputed company and is known worldwide for manufacturing and supplying high quality original equipments for various reputed automobile companies CS(COMM) 553/2019 Page 1 of 12 Signature Not Verified Digitally Signed under the trade marks (“SM Logo-1”) and (“SM Logo-2”), (hereinafter referred to as ‘SM Logos’).

4. Initially, the plaintiff was only engaged in manufacturing gaskets, pistons and valves but later in 1995, it also started manufacturing a plethora of products under the trade mark ‘SM Logo-1’ and turned into one of the most trusted brands in the world in the field of vehicle spare parts. The plaintiff’s range of products includes gaskets, assem