- (1.)The plaintiffs have filed the present suit seeking a permanent injunction restraining infringement, passing off of trademark, and rendition of accounts; with respect to its trademark FLUTEC used for valves and other hydraulic components and systems. The plaintiffs have also filed I. A. No. 12229/2013 under Order XXXIX Rule 1 and 2 as well as I. A. No. 12230/2009 under Sec. 151 of the Code.
(2.)The plaintiff no.1 is a Company incorporated under the laws of Germany, and states to be the registered proprietor of the trademark FLUTEC in India. The plaintiff no. 2 is the Indian subsidiary of plaintiff no. 1, having its registered office in Mumbai; trading in hydraulic components and systems under the guidance and collaboration with plaintiff no. 1. The defendant, Flutec Industries a.k.aFlutec Valves, is an Indian company, having its registered office in Mumbai and is also engaged in the manufacture of hydraulic components and systems.
(3.)The plaintiff alleges that the defendant is selling and offering for sale valves under the trademark FLUTEC which were identical to the plaintiffs' product. The plaintiffs also allege that the defendant is selling and offering for sale the impugned goods in the city of Delhi through its interactive website www flutecvalves in The plaintiffs have approached this Court seeking an interim injunction against the defendant on the ground that under Sec. 20(c) of the Code, a part of the Cause of Action has arisen within the jurisdiction of this Court, since the defendant is offering to sell the impugned products within the territorial limits of this Court through an interactive website. The plaintiff has sought to rely upon the decision of a Division Bench Court in the case of Banyan Tree Holding Pvt. Ltd. v. A. Murali Krishna Reddy & Anr.,2008 38 PTC 288 which has laid down the guidelines for Courts to exercise jurisdiction on internet based transactions.