IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Delivered on

18.10.2019 11.12.2019 CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR A.Nos.5616, 5617, 5618 of 2016, 364 of 2018 and 5012 of 2019 in C.S.No.754 of 2012

C O M M O N O R D E R

Application Nos.5616, 5617 and 5618 of 2016 are filed to condone delay of 1297 days in filing the applications to set aside the exparte order dated 7.1.2013 in O.A.Nos.980, 981 and 982 of 2012 respectively in C.S.No.754 of 2012.

2. Application Nos.364 of 2018 and 5012 of 2019 are filed to vacate the exparte injunction order dated passed in O.A.982 of 2012 and O.A.980 of 2012 respectively in C.S.No.754 of 2012.

3. The above applications are filed mainly on the ground that notice has not been properly served as per the Civil Procedure Code.

Therefore, ex-parte order passed by this Court has to be vacated and the interim injunction applications to be heard afresh.

4. Since the learned Senior Counsel Mr.P.S.Raman has submitted that the injunction application itself can be disposed afresh, this Court is of the view that instead of going to the merits whether notice has been served or not, is inclined to hear the injunction application afresh. Accordingly exparte order passed by this Court is set aside and injunction application O.A.980 and 981 of 2012 heard fresh. Both counsels have advanced their arguments in the above applications.

O.A.No.980 and 981 of 2012 in C.S.No.754 of 2014

5. Suit in C.S.No.754 of 2014 and has been filed for infringement and passing off the plaintiff registered trade mark SGG and/or the Triangular Bridge Device filed as Plaint document. It is stated in the plaint that the 1st Plaintiff is the world leader in the habitat and construction markets, designing, manufacturing and distributing building materials, and providing innovative solutions to meet growing demand in emerging economies. The Plaintiffs group is one of the top 100 industrial groups in the world. The Saint Gobain Group of which the Plaintiffs are a part, was established in the year 1665 and is a pioneer in the manufacture of glass, glasswares and mirrors under the name Saint-Gobain. The Saint Gobain had the privilege of supplying 357 mirrors for the Hall of Mirrors in the palace of Versailles in 1684. The First Plaintiff began exporting its products, in particular glass, to other countries in 1856, and established its first foreign plaint in 1937. Second Plaintiff is a limited liability company. The Plaintiffs group operates in about 64 countries. They enjoy immense reputation and goodwill in India, and the general and trading public exclusively associate the mark "SGG" being the abbreviation of the Saint Gobain Glass, with the Plaintiff group.

6. Ever since the year 2000, the Plaintiff have been manufacturing and marketing amongst other products, various types of glass including flat glass, solar reflective glasses, mirror glass, magnetron coated glass etc., The Plaintiff have, from the inception, used an artistic work as its corporate trade mark/logo, being an artistic representation of the name/trademark 'saint gobain' under a triangular device in a new, original and unique manner. The Second Plaintiff applied for and has obtained registrations in respect of goods contained in classes 19 and 20 and obtained the following registrations:

7. In march 2010, the Second Plaintiff learnt that the Defendant, a Chinese company, having no presence in India at all, has adopted an identical trade mark "SG" together with a triangle device in respect of goods that are same and/or similar to the goods of the plaintiff and had made an application under No.1753967 seeking registration of the trade mark on 14/11/2008. The trade mark of the Defendant is reproduced herein below:-

8. The Plaintiffs filed their opposition, objecting to the