EXIDE INDUSTRIES LIMITED Vs. KRISHNA INTERNATIONAL

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit has been filed by the Plaintiff-Exide Industries Limited, seeking permanent injunction restraining the Defendants from infringement of the Plaintiff's registered trademark and trading name 'EXIDE', passing off, rendition of accounts, damages, delivery-up, etc. The Plaintiff is engaged in the business of manufacture and sale of automotive and industrial batteries and claims rights in the mark 'EXIDE' which is used in respect of lead acid storage batteries ranging from 2.5 Ah to 20,200 Ah capacity covering the broadest spectrum of applications. The Plaintiff is also stated to be manufacturing high-end batteries for submarines and for other security related machinery as well. It has various subsidiaries in India and abroad, including in the United Kingdom, Singapore and Sri Lanka. The Plaintiff s presence in the Indian market with the trademark 'EXIDE' is tangible, widespread, continuous and uninterrupted, especially in view of the fact that the Plaintiff has more than 1750+ Exide Care centres offering servicing of batteries, and 48,000+ direct and indirect outlets, for sale of products.

(3.) The Plaintiff is the proprietor of several registered trademarks comprising the expression 'EXIDE', including the first registration of the trademark 'EXIDE' in India bearing registration No.694 dtd. 8/6/1942 in Class-9. The Plaintiff is also the registered proprietor of the mark 'EXIDE' in Class 25, 11, 99, amongst others. The sales of the Plaintiff were more than Rs.10,000.00 crores in the year 2018-2019. The Plaintiffs corporate name is also 'Exide Industries Limited'. The Plaintiff avers that the mark 'EXIDE' has become a well-known mark under Sec. 2(1)(zg) of the Trademarks Act, 1999 Act.