FORMS COMMUNICATIONS Vs. DILIP KUMAR AGGARWAL

JUDGEMENT

(1.) Present suit has been filed by the plaintiff for permanent injunction restraining passing off with damages. Summons were issued in the suit on 30.05.2012. Despite best efforts by the plaintiff, defendant was not served. Defendant was served through publication effected in 'Deccan Herald' New Delhi edition dated 29.01.2013, 'Sanjevani' dated 24.01.2013 and also in 'Veer Arjun' dated 30.01.2013. None appeared for defendant despite notice by way of publication, consequently defendant was proceeded ex parte vide order dated 16.05.2013. Plaintiff has filed affidavit of Ms. Chunlu Du (P.W. 1), General Manager Assistant of the plaintiff company. Ms. Du has been duly authorized by a Board Resolution passed in May 2012, and ratified vide Board Resolution dated 27th September 2013 to institute and represent the plaintiff company in the present suit. A copy of Board Resolution dated May 2012 has been marked as Mark A and the original board Resolution dated 27th September 2013 ratifying the acts has been exhibited as Ex. P.W.-1/1. The affidavit by way of evidence has been exhibited as Ex. P.W.-1/A.

(2.) P.W. 1 has deposed that the plaintiff company is a BVI Business Company incorporated in the British Virgin Islands (BVI) on 28.4.2009 under BVI Business Companies Act of 2004 bearing Company No. 1529913. The Plaintiff Company has its registered address as P.O. Box 957, Offshore Incorporation Center, Road Town, Tortola, British Virgin Islands and its communications address/office at Room No. 603, Wanchai Central Building, 89 Lockhardt Road, Wanchai, Hongkong. The headquarters of the Plaintiff Company are located in Meitai Industrial Park, Shenzen, China. The original Certificate of Incumbency issued by the registered agent of the Plaintiff Company has been exhibited as Ex. P.W.-1/2.

(3.) She has further deposed that the Plaintiff Company is engaged in manufacturing and selling high quality and cost effective mobile phone products in the global market under its trademark comprising of word Forme along with the logo of the Plaintiff Company hereinafter referred to as "trademark Forme with its logo". Trademark Forme with its logo is registered under the Trade marks Act 1999 bearing registration No. 1851572, since 18.8.2009 in Class 9. An original carton of the Plaintiff's product bearing the trademark FORME along with the logo has been exhibited as Ex. P.W.-1/3. A certificate for use in Legal Proceedings for the said trademark has been exhibited as Ex. P.W.-1/4.