CS(OS) 500/2010

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 29.11.2013

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Judgment delivered on: 10.03.2014

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CS(OS) 500/2010 and I.A. 3545/2010

PHILIP MORRIS PRODUCTS S.A & ANR

..... Plaintiffs

Through:

Mr. Nishchal Anand, Advocate.

versus

ANIL KUMAR SINGH & ORS

..... Defendants

Through:

None.

CORAM:

HON’BLE MR. JUSTICE VIPIN SANGHI

J U D G M E N T

VIPIN SANGHI, J.

1.

This suit, to claim permanent injunction against infringement of

trademarks & passing off, delivery up, damages etc against the defendants,

claiming infringement of plaintiffs‟ trademarks MARLBORO and the

ROOF Device (hereinafter referred to as suit trademarks), was originally

filed by Philip Morris Products S.A. (hereinafter referred to as the original

plaintiff no.1) and Philip Morris Services India S.A., plaintiff no.2 herein.

2.

Original Plaintiff no.1, Philip Morris Products S.A., is a company

duly organised and existing under the laws of Switzerland having its

principal place of business in Switzerland. Plaintiff no. 2, Philip Morris

2014:DHC:1297

CS(OS) 500/2010

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Services India S.A., is an affiliate o