Calcutta High Court
Hakimuddin Bhemat vs Supreme Sales Agency on 16 March, 2020
Author: Debangsu Basak
Bench: Debangsu Basak
OC - 15
ORDER SHEET
GA 2636 of 2019
With
CS 253 of 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
HAKIMUDDIN BHEMAT
Versus
SUPREME SALES AGENCY
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 16th March, 2020.
For Plaintiff : Mr. A. Farmania, Adv.
For Defendant : Mr. S. Basu, Adv.
Mr. T. Roy, Adv.
Ms. K. Sinha, Adv.
Mr. A. Dhar, Adv.
The Court : The application is taken up for final hearing. In a suit for infringement, copyright and passing off interim order was granted in favour of the plaintiff on December 4, 2019. On December 4, 2019 orders in terms of prayers (a) and (b) of the petition were granted. An advocate was appointed as Receiver to make an inventory in terms of prayer (d) of the petition. Learned Receiver acted in terms of such order, made inventory and submitted his report.
2
The plaintiff is manufacturing products used for spraying water, fertilizer, pesticides and other liquids. The plaintiff possesses copy right of the artistic work of the infringed label. The plaintiff uses the word " Bharat Shakti" in the label.
Learned Advocate appearing for the defendant submits that the defendant will market its product by substituting the words "Bharat Supreme Shakti" with "SSG Bharat". The plaintiff has no objections to such conduct.
The words that the defendant proposes to use to market its product, namely, "SSG Bharat" being dissimilar to the ones and the plaintiff not objecting thereto, used by the plaintiff, it would be appropriate to modify the subsisting interim order to permit the defendant to use the word " SSG Bharat" to market its products.
Old GA No.2636 of 2019, new GA No.1 of 2019 in CS No.253 of 2019 is disposed of without any order as to costs.
(DEBANGSU BASAK, J.) S.De