1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2105 OF 2007 IN SUIT NO.1504 OF 2007 KSB Aktiengesellschaft & Anr. ....Plaintiffs V/s. KSB Eastern Engineering Inds. Pvt. Ltd. ....Defendants Mr.Ashish Kamat i/b M/s.Bharat Shah & Co. for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 9TH OCTOBER, 2009. P.C. :- 1. This is an action for infringement and passing off. 2. According to the Plaintiffs, the Defendants have copied their word mark “KSB” as well as their label marks of which the letters “KSB” are a prominent features. 3. The Plaintiffs adopted the mark abroad in the year 1871. Plaintiff No.2 - KSB Pumps Limited, is incorporated under the Companies Act, 1956 and is a registered user of various marks belonging to Plaintiff No.1. Plaintiff No.2 was registered under the Companies Act, 1956 on 11.4.1960 as a private company limited by shares and on 28.3.1961 was converted into a public company. 4. The Plaintiffs have several group companies two of which are 2 incorporated in India. Each of these companies has as a part of its corporate name the letters KSB. 5. The Plaintiffs’ word mark, label mark and logo have been registered under classes 6, 7, 9, 11, 16, 37 and 41. 6. The sales figures and the total expenses indicate enormous reputation that the Plaintiffs have acquired abroad as well as in India. The same has in fact been recognized in other matters filed by the Plaintiffs including by an order dated 11.2.2008 in Notice of Motion No. 4019 of 2007 in Suit No.2930 of 2007. It is pertinent to note the sales of Plaintiff No.2 in India increased from 3,76,00,000/- in 1992 to Rs. 406,37,60,000/-. The advertisement expenses also increased from Rs. 51,00,000/- in 1996 to Rs.2,31,00,000/- in the year 2005-2006. 7. The Defendant has adopted the Plaintiffs’ mark even as a part of the corporate name. 8. There is no affidavit in reply. The above material establishes that the Plaintiffs have made out more than just a strong prima-facie case of both infringement and passing off. 9. The cease and desist notices served by the Plaintiffs’ advocate on the Defendant were returned with the postal remark “not claimed”. 10. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b). So far as the corporate name is concerned, the Defendant shall comply with the order within sixteen weeks from today.