Bombay High Court
Metro Brands Ltd vs Sadashiv Babulal Pathare And Anr on 2 April, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 918 comip 421 of 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.530 OF 2019
WITH
NOTICE OF MOTION (L) NO.421 OF 2019
WITH
LEAVE PETITION NO.42 OF 2019
Metro Brands Limited ... Plaintiff
versus
Sadashiv Babulal Pathare and Anr. ... Defendants
Mr. Amit Jamsandekar with Mr. Jay Vora I/by Mr. Piyush N. Shah, for Plaintiff.
Mr. Prashant D. Jadhav, for Defendant.
CORAM: S.J. KATHAWALLA, J.
DATE: 2nd APRIL, 2019 P.C.:
1. Heard the learned Advocates for the parties and by consent, the following order is passed :
(i) Leave under XIV of the Letters Patent Act, is granted.
(ii) The Suit is decreed in terms of prayer clauses (a), (b) and (e) which are reproduced hereunder :
"(a) that the Defendant by themselves, their partners, servants, agents C & F agents, stockist, other selling agents and/or all other persons claiming through or under them, be restrained by a perpetual order and injunction of this Hon'ble Court from using, in any manner/form, directly or indirectly the impugned mark shop name 1/3 ::: Uploaded on - 04/04/2019 ::: Downloaded on - 04/04/2019 22:28:36 ::: ssp 918 comip 421 of 2019.doc METRO by itself or in combination with any suffix/prefix or any part thereof or any other similar/deceptively similar mark thereto or similar/deceptively similar to the Plaintiff's registered trademarks bearing registration Nos.284894, 661863, 474797, 1090659, 1090660, 1090334, 1251112, 1251113, 1251114, 1251115, 1251116, 1251117, 1251118 and 1251119 so as to infringe the same;
(b) that the Defendant by themselves, their partners, servants, agents C & F agents, stockist, other selling agents and/or all other persons claiming through or under them, be restrained by a perpetual order and injunction of this Hon'ble Court from using, in any manner/form, directly or indirectly the impugned mark shop name METRO by itself or in combination with any suffix/prefix or any part thereof or any other similar/deceptively similar mark thereto or similar/deceptively similar to the Plaintiff's trademarks METRO so as to pass off or enable others to pass off the goods of the Defendant as and for the goods of the Plaintiff or as being associated with or as emanating from or having any connection or association with the Plaintiff;
(e) that the Defendant be ordered and decreed to deliver up to the Plaintiff for destruction thereof all the products/goods along with the dies, papers, cartons, wrappers, strips, visual aids, articles, packaging material, sign boards, labels or any other materials and things bearing the impugned mark "METRO" by itself or in combination with any suffix/prefix or any other similar/deceptively similar mark thereto and/or any other mark deceptively similar to the Plaintiff's trademarks;"2/3 ::: Uploaded on - 04/04/2019 ::: Downloaded on - 04/04/2019 22:28:36 :::
ssp 918 comip 421 of 2019.doc
(iii) The Defendant has paid an amount of Rs.2,00,000/- towards costs.
The Plaintiff has agreed that the said costs be paid to Aseema Charitable Trust, a Mumbai based non-government organization which provides education to children living on the street or in slum in inhuman conditions. The demand draft submitted by the Defendant in the sum of Rs.2,00,000/- towards costs drawn in favour of Aseema Charitable Trust shall be forwarded to the beneficiary by the Associate of this Court.
(iv) The Suit is accordingly disposed of. Refund of Court Fees, if any, as per rules. Notice of Motion (L) No.421 of 2019 also stands disposed of.
( S.J.KATHAWALLA, J. ) 3/3 ::: Uploaded on - 04/04/2019 ::: Downloaded on - 04/04/2019 22:28:36 :::