Calcutta High Court
Exxon Mobil Corporation & Anr vs Mr. P. K. Sen on 4 July, 2018
Author: Soumen Sen
Bench: Soumen Sen
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
GA 1052 OF 2018
WITH
CS 43 of 2018
EXXON MOBIL CORPORATION & ANR.
Versus
MR. P. K. SEN
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 4th July, 2018.
Mr. Ranjan Bachawat, Sr. Advocate
Mr. Debnath Ghosh, Advocate
Mr. Gautam Banerjee, Advocate
Ms. Adreeka Pandey, Advocate
...for petitioners
Mr. Soumya Ray Choudhury, Advocate
Mr. Sarosij Dasgupta, Advocate
Ms. L. Sinha, Advocate
...for respondent
The Court :-The Learned Counsel representing the defendant has submitted that the defendant is not using the trade-mark "Exxon" in relation to its products namely fire extinguishing equipment and is using the word "Exon" as part of their business name.
This submission is apropos to the submissions made on behalf of the respondent before the Hon'ble Court on 23.11.2017 where the matter appears to have been adjourned in order to enable the learned Counsel representing the respondent before the Hon'ble Supreme Court to take instruction as to whether 2 the respondent would in terms of order of injunction passed by Delhi High Court would not use the said mark in future till the application filed by the respondent for registration of the trade mark is decided by the statutory authority.
Similarly, the learned Counsel representing the petitioners who are the plaintiffs in this proceeding were directed to obtain instruction whether in the event the respondent is willing to refrain from using the trade-mark in question, plaintiffs would still be pursuing their suit for damages.
Mr. Ranjan Bachawat, learned Senior Counsel representing the plaintiffs has prayed for an adjournment to obtain instruction in the matter.
Mr. Ray Choudhury, learned Counsel shall also take instruction as to whether the respondent has stopped using "Exon" as their business name in view of the disclosures made in Court today by Mr. Bachawat showing that respondent is now carrying on business under the name and style of "Skon".
The matter is adjourned till next Wednesday (11.7.2018).
(SOUMEN SEN, J.) GH.