Bombay High Court
Unilever Plc And Anr vs Ashok Kumar on 9 February, 2021
Author: G.S. Patel
Bench: G.S. Patel
26-IA6780-2020 IN COMIP6209-2020 WITH LPETN6216-2020-FINAL.DOC Atul IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 6780 OF 2020 IN COMMERCIAL IP SUIT NO. 6209 OF 2020 WITH LEAVE PETITION NO. 6216 OF 2020 Unilever PLC & Anr ...Plaintiff Versus Afhok Kumar ...Defendant Mr Vinod Bhagat, with Prachi Shah, i/b GS Hegde & VA Bhagat, for the Plaintiff CORAM: G.S. PATEL, J DATED: 9th February 2021 Atul G. PC:-
Kulkarni Digitally signed by Atul G. Kulkarni Date: 2021.03.02 12:21:08 +0530 1. There waf an ad-interim order dated 20th July 2020. At the time when fuit waf fled, the name and addreff of the then fole Defendant waf generically defcribed af Afhok Kumar. On execution of that order, the name and addreff of the infringer haf been found. He fought to be added by amendment af the 2nd Defendant.Page 1 of 3
9th February 2021 26-IA6780-2020 IN COMIP6209-2020 WITH LPETN6216-2020-FINAL.DOC
2. Mr Bhagat tenderf a draft amendment. Thif if taken on record and marked 'B1' for identifcation with today'f date.
3. Leave granted. Amendmentf are to be carried out, without need of re-verifcation, on or before th March 2021.
4. Mr Bhagat ftatef that the unamended plaint, unamended interim application and petition for leave under Claufe XIV af alfo a copy of the draft amendment have been ferved on the propofed newly added Defendant. There if an Afdavit of Service.
5. In view of thif, the Claufe XIV Petition if allowed and if made abfolute.
6. The Plaintif will ferve a copy of the amended plaint and the amended interim application on the newly added Defendant on or before 22th March 2021.
7. The ad-interim order dated 20th July 2020 waf in termf of prayer claufef (a), (b), (d) and (e) of the prefent Interim Application. In view of the Claufe XIV Petition being allowed, there will be a further ad-interim order in termf of prayer claufe (c) which readf thuf:
"(c) Pending the hearing and fnal difpofal of the fuit, the Defendant by themfelvef, their proprietor/partnerf, fervantf, agentf, diftributorf, dealerf, affigneef, ftockiftf and all thofe connected with the Defendant in their bufineff be reftrained by an order and injunction of thif Hon'ble Court from manufacturing, printing, flling, Page 2 of 3 9th February 2021 26-IA6780-2020 IN COMIP6209-2020 WITH LPETN6216-2020-FINAL.DOC packaging, diftributing, felling and/or ufing in any manner whatfoever in relation to their detergent and fhampoo preparationf and other like goodf ufed in the perfonal care and home care induftry, the counterfeit markf and the impugned trade dreff or any mark or trade dreff identical with and/or deceptively fimilar to the Plaintiff' diftinctive and prior ufed trade markf DOVE, SUSILK, CLINIC PLUS, SURF/SURF EXCEL, and the U-Logo and the Plaintiff' diftinctive trade dreff therein, fo af to paff of their goodf and bufineff af and for thofe of the Plaintiff' or in fome way connected or affociated therewith;"
8. Afdavit in Reply if to be fled and ferved on or before 16toth April 2021. Afdavit in Rejoinder if to be fled and ferved on or before 30th April 2021.
9. Lift the Interim Application for directionf af to fnal hearing on 8th June 2021.
10. Liberty to the Defendantf to apply for a variation, modifcation or recall of thif order only after at leaft feven clear working dayf' notice to the Advocatef for the Plaintif.
11. Thif order will be digitally figned by the Private Secretary of thif Court. All concerned will act on production of a digitally figned copy of thif order.
(G. S. PATEL, J) Page 3 of 3 9th February 2021