A.Nos.5616, 5617, 5618 of 2016,364 of 2018 and

5012 of 2019 in C.S.No.754 of 2012

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.

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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

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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,

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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:

S.No.

Appl.No.

Trademark

Class

1

1132951

SGG

19

2

1132952

SAINT GOBAIN LOGO

20

3

1132953

SAINT GOBAI