Calcutta High Court
Hindustan Unilever Limited vs Ashok Kumar & Ors on 22 July, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
O-875
GA No.3371 of 2015
CS No.273 of 2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
HINDUSTAN UNILEVER LIMITED
-Versus-
ASHOK KUMAR & ORS.
Appearance:
Ms. Mousumi Bhattacharyya, Adv.
Mr. Domingo Gomes, Adv.
...for the plaintiff.
Mr. Tapan Kumar Roy, Adv.
...the Special Officer.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : July 22, 2016.
The Court : This is an infringement and passing-off action pertaining to the plaintiff's registered mark Lakme' and the copyright in the get-up and appearance of the packet. The identity of the defendants was not known at the time of the institution of the suit and a classical John Doe action has been instituted against the Indianised Ashok Kumars. An Anton Pillar injunction was issued and a special officer appointed. The special officer has seized 233 infringing products from the prospective sellers, primarily in the New Market area and elsewhere in the city. The special officer's report has been made 2 over to the plaintiff and the names of some of the sellers appear therein.
G.A.No.3371 of 2015 is disposed of without any further order and by leaving the plaintiff free to implead the persons named in the special officer's report, if the plaintiff is so advised, for an order of injunction to be issued. There is no use in issuing any order of injunction now since the defendants remain unidentified.
The special officer will be paid a final remuneration of 1500 GM, whereupon he will stand discharged.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) A/s.