Calcutta High Court
Naini Plywood Pvt. Ltd vs Markendeya Plywood Pvt. Ltd on 11 February, 2014
Author: Soumen Sen
Bench: Soumen Sen
ORDER
CS No. 314 of 2002
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
NAINI PLYWOOD PVT. LTD.
Versus
MARKENDEYA PLYWOOD PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date: 11th February 2014.
Appearance:
Mr. Dhruba Ghosh, Advocate
Mr. Sarathi Dasgupta, Advocate
...for the plaintiff.
Mr. Jishnu Chowdhury, Advocate
Mr. Chayan Gupta, Advocate
Mr. Rajesh Upadhyay, Advocate
...for the defendant.
COURT: After hearing the learned counsel for the parties
and considering the suggested issues filed by them, the following
issues are settled and set down for trial:-
1.Does the plaintiff enjoy copyright in the artistic representation of the letters 'NP' adopted as its logo?
2. Are the goods of the plaintiff identified by the trademark/logo 'NAINI' and 'NP' in the market and by all its consumers and clients?
3. Is the plaintiff the prior user of the said trademark 'NAINI' and log 'NP'?
4. Are the said marks of the plaintiff and the defendant identical and/or deceptively similar?
5. Are the other goods of the defendant inferior in quality to that of the plaintiff?
6. Has the plaintiff suffered any loss in the business, goodwill and reputation due to the sale of the defendant's product under the said trademark/logo?
7. Whether the defendant is entitled to use its registered mark 'NAINI' in relation to its goods?
8. Is the plaintiff entitled to a decree of injunction restraining the defendant from using the mark 'NAINI' and/or log 'NP'?
9. Is the plaintiff entitled to a decree for Rs. 15 lakh and/or any other sum as prayed for?
10. Does this Hon'ble Court lack territorial jurisdiction to entertain the suit as contended by the defendant?
11. To what other reliefs is the plaintiff entitled? The suit shall appear in the monthly list of April 2014 when the trial shall commence.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) S. Kumar A.R.(CR)