Bombay High Court
Hotel Panchavati Gaurav vs Saikadam Foods And Beverages Pvt. Ltd on 27 August, 2018
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 927 comipl 1062 of 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
IP SUIT (L) NO.1062 OF 2018
WITH
NOTICE OF MOTION (L) NO.1889 OF 2018
WITH
LEAVE PETITION NO.260 OF 2018
Hotel Panchavati Gaurav ... Plaintif
versus
Saikadam Foods and Beverages Pvt. Ltd. ... Defendant
Mr. Hiren Kamod with Mr. Gautam Panchal I/by M/s. Gautam and Co., for Plaintif.
Mr. Amit Jain, Mr. Nitin Kumar, Director of Defendant, present.
CORAM: S.J. KATHAWALLA, J.
DATE: 27th AUGUST, 2018 P.C.:
1. Heard the learned Advocate for the Plaintif and the Directors of the Defendant, who are present in Court and by consent, the following order is passed :
(i) Leave under Clause XIV of the Letters Patent Act, is granted.
(ii) The Suit is decreed in terms of prayer clauses (a), (b), (c) and (e) which are reproduced hereunder :
"(a) that the Defendant by themselves, their proprietors, partners, servants, agents and all persons acting on their behalf be restrained by a perpetual order and injunction of this Hon'ble Court from infringing the Plaintif's registered trade marks bearing registration Nos.978193 in Class 30, 978194 in Class 29, 978195 in 1/4 ssp 927 comipl 1062 of 2018.doc Class 31 and 978196 in Class 32 by the use of the impugned trade mark/name/trading style PANCHAVATI GAURAV and the impugned trade mark/labels shown at Exhibits O-1 and O-2 hereto and/or any other impugned mark/name/trading style/label containing the words PANCHAVATI GAURAV either together or individually and/or any other impugned mark/name/trading style/label identical with and/or deceptively similar to the Plaintif's registered trade marks bearing registration Nos. 978193 in Class 30, 978194 in Class 29, 978195 in Class 31 and 978196 in Class 32 in respect of the business of providing services of restaurants, caterers, hotel, making and/or selling food and beverages and/or allied goods/service or in any manner whatsoever;
(b) that the Defendant by themselves, their proprietors, partners, servants, agents and all persons acting on their behalf be restrained by a perpetual order and injunction of this Hon'ble Court from infringing the Plaintif's copyright in its said trade mark label shown at Exhibits B and D hereto by reproducing and/or publishing and/or using the impugned trade mark labels shown at Exhibits O-1 and O-
2 hereto or any other labels which are reproduction of the Plaintif's said trade mark label shown at Exhibit B and D hereto or substantial part thereof or in any other manner whatsoever;
(c) that the Defendant by themselves, their proprietors, partners, servants, agents and all persons acting on their behalf be restrained by a perpetual order and injunction 2/4 ssp 927 comipl 1062 of 2018.doc of this Hon'ble Court from using the impugned trade mark/name/trading style PANCHAVATI GAURAV and the impugned trade mark labels shown at Exhibits O-1 and O-2 hereto and/or any other impugned mark/name/trading style/label containing the words PANCHAVATI GAURAV either together or individually and/or any other impugned mark/name/trading style/label identical with and/or deceptively similar to the Plaintif's well known PANCHAVATI GAURAV marks in respect of the business of providing services of restaurants, caterers, hotel, making and/or selling food and beverages and or allied goods/service so as to pass of or enable others to pass of the Defendant' impugned services and/or business as and for the Plaintif's well known services and/or business or in any other manner whatsoever;
(e) that the Defendant be ordered and directed to deliver up to the Plaintif for destruction of the Defendant' all boards, hoardings, goods, labels, cutlery, stationery, uniforms, brochures, menu cards, visiting cards, pamphlets, flyers, advertising material, papers, stationery, printed matter, things and such material and documents of the Defendant bearing or containing the impugned trade mark/name/trading style PANCHAVATI GAURAV and/or the impugned trade mark labels shown at Exhibits O-1 and O-2 hereto"
(iii) The Directors of the Defendant on behalf of the Defendant as well as in their personal capacity undertake to pay an amount of Rs.5,00,000/- towards costs and damages to the Plaintif within a period of 90 days as follows : 3/4
ssp 927 comipl 1062 of 2018.doc Rs.2 Lakhs on or before 10th September, 2018; Rs.3 Lakhs on or before 30th November, 2018.
(iv) The undertaking is accepted.
(v) The Defendant is also directed to forthwith stop using the website/domain name https://panchvati.business.site. The Defendant is further directed to forthwith get the name of its restaurant PANCHAVATI GAURAV de-
listed/removed from online websites such as Zomato, Tripadvisor, Justdial, etc.
(vi) The Suit as well as Notice of Motion is accordingly disposed of. Refund of Court Fees, if any, as per rules.
(vii) The Court Receiver stands discharged, without passing any accounts but upon payment of his costs charges and expenses by the Plaintif after the entire amount of Rs.5 Lakhs is paid by the Defendant to the Plaintif.
(viii)A copy of this order shall be forthwith forwarded by the Plaintif to online websites such as Zomato, Tripadvisor, Justdial, etc. ( S.J.KATHAWALLA, J. ) Digitally signed by Swaroop Swaroop Sharad Phadke Sharad Date:
2018.08.29 Phadke 11:46:52 +0530 4/4