Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

22nd February, 2023 - 4:41 am Categories: Legal Issues Trademark 0 Comments

A Commercial Court in Bengaluru recently restrained Millborn Switchgears Private Limited from manufacturing, marketing, offering for sale and advertising any product under the trademarks “MU” and “MU-G” and under the registered design of Schneider Electric India Private Limited.

The Additional City Civil and Sessions Judge (Commercial Disputes) passed an ex-parte injunction order in a commercial suit filed against Millborn Switchgears Private Limited on finding that they have been infringing the registered trademarks and design of Schneider Electric India Private Limited.

Schneider Electric India Private Limited (SEIPL) is the registered proprietor of the trademarks “MU” and “MU-G” and design no. 296656. SEIPL have been assigned the rights over these Intellectual Properties through IP assignment agreements pursuant to business transfer agreement with Larsen & Turbo EA. On attaining information that Millborn Switchgears Private Limited, based in Surat, Rajasthan and having its presence across India, is selling and manufacturing identical and similar  products as that of SEIPL under the marks “MU” and “MU-G” and that it is also using the registered design of SEIPL for manufacturing pump controllers, SEIPL filed a commercial suit in Bangalore, Karnataka as Millborn Switchgears Private Limited have been actively promoting and marketing the infringing products within Bangalore.

The Court, on hearing the application for ex-parte injunction and taking note of the fact that there is a prima facie case, restrained Millborn Switchgears Private Limited from manufacturing, selling, advertising, indirectly or directly, any product under the marks “MU” and “MU-G” and infringing the registered design of SEIPL.

The Court then posted the matter for hearing on March 20, 2023. SEIPL has sought a permanent injunction against Millborn Switchgears Private Limited for infringement of their registered trademarks and design.

The application under Order XXXIX Rule 1 and 2 r/w Section 151 of CPC, 1908 was argued by Promod Nair, Senior Advocate briefed by Abhijeet Deshmukh, Meenakshi Ogra, Arjun Santhosh and Deeksha Prakash of Khurana and Khurana Advocates and IP Attorneys.

Author: Arjun Santhosh, Senior Associate at  Khurana & Khurana, Advocates and IP Attorney. in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com

Case Title: Schneider Electric India Private Limited v. Millborn Switchgears Private Limited