Calcutta High Court
Khadim India Limited vs Md. Khurshid Alias Khurshid & Ors on 14 May, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.1013 of 2018
CS No.82 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
KHADIM INDIA LIMITED
Versus
MD. KHURSHID ALIAS KHURSHID & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date: 14th May, 2018
Appearance
Mr. Ranjan Bachawat, Sr. Adv. with
Mr. Sayantan Bose, Adv.
Mr. Prithwiraj Sinha, Adv.
Ms. Arunima Lala, Adv.
Mr. Atish Ghosh, Adv.
Mr. Arindam Chandra, Adv.
..for the petitioner
The Court : The petitioner in addition to adoption and continuous use of the
housemark 'Khadim's' since 1965 in course of business of footwear and accessories from
time to time also, conceived of and/or created and/or designed and/or developed various
designs, brands and labels for the purpose marketing various kinds of footwear products
and other accessories. The petitioner conceived and adopted a unique, original and novel
design to be applied on footwear and consequently applied for registration of the same and
got the same registered on February 17, 2017 under the provisions of the Designs Act,
2000 under design registration No.291126 in Class 02-04. The petitioner contents that
upon launching of the produced, there has been huge response from the customers and
public at large and over short span of time the product attained extensive popularity and
market share in the product category through substantial sale. Recently, the petitioner has
came to know that the respondents are manufacturing, advertising and selling identical
goods under an identical design along with the similar colour combination, getup and style as that of the petitioner.
Mr. Ranjan Bachawat, learned Senior Counsel representing the petitioner has produced before this Court the footwear of the petitioner as also the infringing footwear. On a visual comparison of the two footwears, it appears that the infringing footwear is a slavish imitation of the footwear of the petitioner save and except the colour. The two products appear to be identical. The petitioner as it appears is the owner of the registered design in relation to the said footwear in which the petitioner has claimed novelty in the shape, configuration and surface pattern of the footwear as illustrated in the sheet appended to the certificate of registration. Under such circumstances, there will be an order in terms of prayer (a) the petition.
Mr. Ayan Dutta, Advocate, Bar Library Club, 2nd Floor is appointed as Special Officer to make an inventory of all the infringing goods and products with impugned designs and file a report on the adjourned date. The Special Officer, however, shall not disturb and/or interfere with the running of the business of the respondents.
The Special Officer shall be entitled to an initial remuneration of 3000 GMs. In the event Special Officer is prevented by the respondents for implementing this order, on a written request being made, the Officer in-charge of the concerned police station shall render assistance to the special officer forthwith.
The matter is made returnable on 17th May, 2018.
(SOUMEN SEN, J.) akg/