SM MOTORENTEILE GMBH (hereinafter SMM) is engaged in the business of manufacturing and selling metal equipments for automobiles. SMM is the registered proprietor of the marks “SM” & “ “(SM Logo). SMM approached the Delhi High Court and filed a suit for trademark infringement, passing off as well as unfair trade competition against MAHARASHTRA MOTORS (MM) and certain retail shop owners for were selling cheap imitations of the SMM’s products under SMM’s registered marks.

 

 

SMM claimed that it gained knowledge about the infringing activities of MM and the shop owners in May, 2022. SMM thereafter conducted an investigation and discovered that the infringers not only sold cheap imitations of SMM’s products using their registered logo but also, did not provide any proper invoice to the customers. SMM placed filed several documents consisting of the invoices, photographs of the infringing product etc. on record in its support.

 

 

SMM claimed that it was the registered proprietor of the SM Logos in classes 7 and 12 and presented domestic and well as global sales figures in support of its claim. SMM further stated that the said marks were first used in 1973 for the products of a joint venture company named ‘Schoettle Motorenteile GMBH’ and thereafter SMM succeeded to the rights in the said marks which was used extensively and continuously in over 100 countries.

 

 

 

 

 

 

 

After considering all the submissions made by SMM, the Court was satisfied that SMM had made out a prima facie case, balance of convenience for the grant of an injunction in its favour. Taking the consumer interest in consideration as well, the Court observed that the impugned goods were likely to deceive the general public and SMM would suffer grave irreparable harm in case an injunction was not granted.

 

 

Hence, the Court restrained the infringers and granted an ex-party ad-interim injunction in favour of SMM. The Court also appointed a Local Commissioner to seize and sealing all the infringing goods bearing the SM mark and logo.