SHAMROCK GEOSCIENCE LTD Vs. KABA INFRATECH PRIVATE LIMITED

JUDGEMENT

(1.) This common order shall dispose of the above-captioned interlocutory applications filed in cross-suits - both seeking, inter alia, injunction against each other from use, passing-off, unfair competition, dilution and blurring of the mark 'GeoCrete' [hereinafter, "impugned mark"] - over which, both parties claim proprietary rights and utilise it in respect of identical goods viz. cement additives and soil stabilisation preparations used in construction of roads, highways, pavements, reservoirs etc. PARTIES

(2.) For the sake of convenience, parties to the present suits are depicted as follows: In CS (COMM.) 308/2021 PLAINTIFFSDEFENDANTS Shamrock Geoscience Ltd. [Plaintiff No. 1] Mr. Andreas Korytowski [Plaintiff No. 2]Kaba Infratech Pvt. Ltd. [Defendant No. 1] Timab NL BV [Defendant No. 2] In CS (COMM.) 324/2021 PLAINTIFFSDEFENDANTS Timab NL BV Shamrock Geoscience Ltd. [Plaintiff] [Defendant No. 1] Mr. Andreas Korytowski [Defendant No. 2]

(3.) In addition to the above, in pleadings and during the course of arguments, reference has also been made to certain inter-related entities, which are not parties to the suit. The inter-se relationship between such entities and parties to the dispute, is explained in the following table: S.No. Name of the Entity Relationship with Parties to the suit SHAMROCK & Companies of Mr. Andreas Korytowski