SM MOTORENTEILE GMBH vs A.A. AUTOMOBILES & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18th September, 2025 Date of Decision: 15th January, 2026 Date of uploading: 15th January, 2026 + CS(COMM) 553/2019 SM MOTORENTEILE GMBH .....Plaintiff Through: Mr. Manish Biala & Mr. Devesh Ratan, Advs. versus A.A. AUTOMOBILES & ORS. .....Defendants Through: Mr. T.K. Tiwari, Adv. for D-2. CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % JUDGMENT MANMEET PRITAM SINGH ARORA, J: CS(COMM) 553/2019 1. The Plaintiff at the hearing dated 28.07.2025 has prayed for a final judgement with respect to the relief of permanent injunction as prayed for prayer clause at paragraph 43 (a) and (b) of the plaint on the basis of the lack of credible defence in the written statement of the Defendant Nos. 1 and 2. 2. The present suit has been filed seeking permanent injunction restraining infringement of trademark, passing off, and other ancillary reliefs against the Defendants. Case set up by the Plaintiff in the plaint: 3. The Plaintiff is a company incorporated under the laws of Germany. Signature Not Verified Digitally Signed By:HEMANT CS(COMM) 553/2019 Page 1 of 17 PRATAP SINGH Signing Date:15.01.2026 17:32:24 The Plaintiff is engaged in the business of manufacturing and selling high quality spare parts and gaskets for Original Equipment Customers and also for the aftermarket customers. The Plaintiff manufactures a plethora of products under the trademark i.e., SM Germany Precision Parts/ [SM Logo-1] and SM Germany/ [SM Logo-2]. The said trademarks are together referred to as ‘SM Logos’ in this judgement. The details of the trademark applications and registrations in India are mentitioned at paragraph ‘13’ of the Plaint. 4. The trademark SM Logo-2 was adopted in 1973 in Germany for the business of the company namely Schoet