A bench of justices Pradeep Nandrajog and Manmohan Singh gave the verdict upholding the single-judge bench order, which had restrained in January this year the U K Modi-controlled firm from using the trademark and name 'Morgardshammar.'
"We are of the considered view that there is no infirmity in the judgment and decree passed by the learned single judge on January 2, 2012. The appeal is totally without any merit and the same is dismissed, but no order as to costs," said the division bench.
Morgardshammar AB, a market leader in providing solutions and services related to the rolling mill equipment production, had entered into a joint venture with U K Modi group for forming Morgardshammar India Limited.
Morgardshammar India Limited had filed an appeal against the verdict of a single judge bench which had restrained it from using the name Morgardshammar and trademarks Morgardshammar Label of the subsidiary firm of Danieli Group.
The bench allowed the submissions of Suhail Dutt and Abhixit Singh, the counsel for the foreign firm, that U K Modi controlled Morgardshammar India Limited had reduced the shareholding of its client in the JV.
The changed share holding pattern in the JV had led to the filing of a civil suit restraining the Modi group from using trademarks of the foreign company, the lawyers said.
Morgardshammar AB, a subsidiary of Italian Danieli Group, had filed the civil suit in 2010 after it learnt that its shareholding in Morgardshammar India Limited had been reduced by Modis from 40 to 8 per cent.
The suit was allowed and subsequent appeal against the verdict was today dismissed.
