[Cites 2, Cited by 0]
Karnataka High Court
Schneider Electric India Pvt Ltd vs Millborn Switchgears Private Ltd on 12 February, 2026
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
NC: 2026:KHC:8772
COM.OS No. 18 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
COM.OS NO. 18 OF 2023
BETWEEN:
1. SCHNEIDER ELECTRIC INDIA PVT LTD
HAVING ITS REGISTERED OFFICE AT C-56,
MAYAPURI INDUSTRIAL AREA,
PHASE -II, NEW DELHI-110 064
DELHI, INDIA.
ALSO HAVING BRANCH OFFICE AT:
3, 1, MILLERS ROAD,
VASANTH NAGAR,
BENGALURU-560 051
KARNATAKA, INDIA.
EMAIL: [email protected]
... PLAINTIFF
(BY SRI. ARJUN SANTHOSH., ADVOCATE AND
Digitally signed SMT. DEEKSHA PRAKASH, ADVOCATE AND
by VIDYA G R SRI. SREENATH, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
AND:
1. MILLBORN SWITCHGEARS PRIVATE LTD
HAVING ITS REGISTERED OFFICE AT 36-C,
SUDERSHANPURA INDUSTRIAL AREA,
MILLBORN SWTICHGEARS, BAIS GODAM,
JAIPUR-302 006, RAJASTHAN INDIA,
ALSO HAVING ITS BRANCH OFFICE AT:
2ND MAIN,39/2, 4TH CROSS,
CHAMARAJPET,
-2-
NC: 2026:KHC:8772
COM.OS No. 18 of 2023
HC-KAR
BENGALURU-560 018
KARNATAKA,
EMAIL:[email protected]
... DEFENDANT
(BY SRI. VIVEKANANDA B.N, ADVOCATE FOR
SRI ARRAPARVAGUHA NIYOGI, ADVOCATE AND
SRI SHUJATH AHMED, ADVOCATE)
***
THIS COM. OS IS FILED UNDER ORDER VII RULE 1 OF
CPC, 1908 R/W SECTION 26 OF THE CPC, 1908, PRAYING
GRANT THE FOLLOWING RELIEFS IN FAVOUR OF THE
PLAINTIFF AND AGAINST THE DEFENDANT COMPANY: (A) A
DECREE FOR PERMANENT INJUNCTION RESTRAINING THE
DEFENDANT COMPANY, ITS DISTRIBUTORS, DEALERS,
STOCKISTS, RETAILERS, SERVANTS, AGENTS, SUPPLIERS,
AFFILIATES, SUBSIDIARIES, FRANCHISEES, LICENSEES,
REPRESENTATIVES, ASSIGNEES AND ALL OTHERS ACTING FOR
AND BEHALF OF THE DEFENDANT COMPANY FROM
MANUFACTURING, SELLING, OFFERING FOR SALE, IMPORTING,
OFFERING FOR SALE, MARKETING, ADVERTISING,
PROMOTING, DISPLAYING, DEALING IN AND/OR USING IN ANY
MANNER WHATSOEVER, DIRECTLY OR INDIRECTLY, THE
IMPUGNED PRODUCT WHICH INFRINGES PLAINTIFFS
REGISTERED DESIGN NO. 296656 AND ETC.
THIS COM. OS COMING ON FOR HEARING ON I.A., THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
-3-
NC: 2026:KHC:8772
COM.OS No. 18 of 2023
HC-KAR
ORAL JUDGMENT
The suit is filed by the plaintiff seeking for the
following reliefs:-
a) A decree for permanent injunction restraining the
Defendant Company, its distributors, dealers,
stockists, retailers, servants, agents, suppliers,
affiliates, subsidiaries, franchisees, licensees,
representatives, assignees and all others acting for
and behalf of the Defendant Company from
manufacturing, selling, offering for sale, importing,
offering for sale, marketing, advertising, promoting,
displaying, dealing in and/or using in any manner
whatsoever, directly or indirectly, the impugned
product which infringes Plaintiffs Registered Design
No. 296656.
b) A decree for permanent injunction restraining the
Defendant, its distributors, dealers, stockists,
retailers, servants, agents suppliers, affiliates,
subsidiaries, franchisees, licensees, representatives,
assignees and all other acting for and on behalf of
the Defendant Company from using the
Mark/brand/product name "MU-G20H" and/or any
other mark/brand name/product name identical
and/or deceptively and confusingly similar to
Plaintiff' prior registered and prior adopted word
mark "MU-G" or in any manner whatsoever in
relation to any goods and / or services which would
amount to infringement of the registered trade mark
of the Plaintiff Company being Trade Mark No.
4420031, and also amounting to passing off
Defendants products as that of the Plaintiffs
products.
c) A decree for permanent injunction restraining the
Defendant, its distributors, dealers, stockists,
retailers, servants, agents suppliers, affiliates,
subsidiaries, franchisees, licensees, representatives,
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assignees and all others acting for and on behalf of
the Defendant Company from using the
Mark/brand/product name "MU2" and/or any other
mark/brand name/product name identical and/or
deceptively similar to Plaintiff' prior registered and
prior adopted word mark "MU" or in any manner
whatsoever in relation to its goods which would
amount to infringement of the registered trade mark
of the Plaintiff Company being Trade Mark No.
4405864, and passing off its products as that of the
Plaintiffs products.
d) A decree in the nature of mandatory injunction be
pleased against the Defendant Company directing
them to
i) Deliver to the Plaintiff Company and/or
its representatives, for destruction, all
products, labels, stickers, signs, stationary,
packaging materials, wrappers, other such
materials and advertisements in its
possession or under its control, bearing the
impugned marks which are deceptively and
confusingly similar to Plaintiffs prior
registered and prior adopted word mark
"MU-G" as well as Plaintiff's prior registered
and prior adopted word mark "MU".
ii) Recall the impugned product and/or
marketing, promotional and advertising
materials and/or any other goods or
materials whatsoever, bearing the
impugned marks or any other mark or label
which is identical and/or deceptively and
confusingly similar to the Plaintiffs trade
marks from the physical and online
marketplace, and deliver/surrender the
same to the Plaintiff or its attorney or
nominated representative/s for destruction.
iii) Remove all advertisements, references,
use and listings from Defendant's website,
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www.millborn.com and third-party social
media and/or e-commerce websites
including Facebook, India Mart etc., and
remove all forms of print and digital media
including, but not limited to, social media
references, e-commerce websites and
website of the Defendant Company.
iv) Make a full and fair disclosure, on oath,
of the full details such as names and
addresses of the party/s involved in the
inter alia manufacturing, marketing,
distributing, selling and labelling of the
impugned products or by any other party/s
connected with Defendant Company's
infringing and offending activities.
e) A decree for rendition of accounts illegally earned
by the Defendant Company on account of their
infringing activities of using the impugned marks
"MU-20H" and "MU2" as well as of manufacturing
and sale of the impugned product, and a decree for
the amount so found due. The Plaintiff be
additionally granted exemplary and punitive
damages at least to the tune of Rs.50,00,000/-
(Rupees Fifty Lakhs only) in favour of the Plaintiff
and against the Defendant Company.
f) A declaration that Plaintiff's trade marks "MU-G"
and "MU" are well-known marks that being
exclusively to the Plaintiff Company and its
predecessors-in-interest.
g) An order for costs of the present proceedings,
and
h) Any such other reliefs as this Hon'ble Court
deems fit and necessary under the facts and
circumstances of the present case be passed in
favour of the Plaintiff and against the Defendant
Company."
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2. During the pendency of the proceedings, the
Compromise Petition has been filed and both sides submit
that the suit may be decreed in terms of the compromise.
The Compromise Petition records the compromise as
follows:-
"Therefore, in view of this, both Defendant
and Plaintiff without going into the merits of the
dispute, as agreed to settle the dispute in
consideration of the following and mutual
covenants contained herein.
The Defendant company by itself, its Directors,
officers, servants, representatives, stockists,
dealers, agents, and all other persons claiming
under or through them or acting in concert with
them or otherwise, irrevocably, and
unconditionally undertakes and agrees that:
a) Defendant accepts and acknowledges that the
Plaintiff company and its predecessor in interest
are rightful and registered proprietors of the Mark
MU-G and MU.
b) Defendant accepts and undertakes that
Defendant Company either through Itself or
through its Directors, officers, servants,
representatives, stockists, dealers, agents, and all
other persons claiming under or through them or
acting in concert with them or otherwise, will not
challenge/assist in challenging the validity of the
registered Design bearing no. 296656.
c) Defendant accepts and undertakes that it by
itself, its Directors, officers, servants,
representatives, stockists, dealers, agents, and all
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other persons claiming under or through them or
acting in concert with them or otherwise has
stopped dealing in the impugned Products using
the Plaintiff's registered trade mark MU and MU-G
and embodying the Plaintiff registered Design
bearing no. 296656 in any manner whatsoever,
since the passing of the ex parte ad Interim Order
of temporary injunction.
d) Defendant further accepts and undertakes that
it shall refrain from manufacturing, selling,
distributing, offering for sale, advertising,
marketing, exporting directly or indirectly, either
for itself or for any third party, dealing with either
the impugned products having mark MU and MU-
G and from embodying the Plaintiff registered
Design bearing no.296656 in any manner
whatsoever.
e) Defendant accepts and undertakes that it
currently has no stock of infringing impugned
products in its possession.
f) Defendant accepts and declares that all moulds
and dyes (sic) if any used for
manufacturing/designing of the infringing
impugned products" no longer exists as the same
have been completely destroyed in entirety and
not transferred to any third party.
11. That the signatories to the present Application are
fully competent and authorized to enter into the
present Settlement on behalf of the parties.
12 This compromise binds the parties, their heirs,
successors in interest, and assigns.
13. That both the parties reserve the liberty to initiate
appropriate legal proceedings for breach of any of the
present settlement terms, in accordance with law.
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PRAYER:
Wherefore the Plaintiff and the Defendant pray that this
Hon'ble Court be pleased to pass a Judgment and
Decree in terms of the above compromise petition, in
the interest of justice and equity.
3. The plaintiff is represented by the Authorised
Signatory, Mr.Parth Sarathi Misra, who has appeared
through Video Conferencing as also Mr.Millborn, the
Authorised Signatory of M/s. Millborn Switchgears Private
Ltd., who also appeared through Video Conferencing.
4. Learned counsel appearing for both parties
have filed a Joint Memo and identified their respective
parties who appeared through Video Conferencing.
5. As both the parties have accepted the execution
of compromise and memo filed by both the learned
counsel to certify that the Authorised Signatories are
identified and the petition is signed by both the parties,
the present suit is disposed of in terms of the
compromise extracted hererinabove. Office to draw up
the decree in terms of the compromise.
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6. The pending interlocutory applications, if any,
are disposed of as not calling for adjudication, in light of
the compromise entered into by the parties.
7. The Office to refund the Court Fee in terms of
entitlement of refund as per Section 66 of the Karnataka
Court Fees and Suits Valuation Act, 1958, in light of the
compromise entered into before trial.
SD/-
(S SUNIL DUTT YADAV)
JUDGE
VGR
