Bombay High Court
Metro Brands Ltd vs Metro Footwear on 8 April, 2019
Author: S.J.Kathawalla
Bench: S.J. Kathawalla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO. 454 OF 2019
IN
COMMERCIAL IP SUIT (L) NO. 204 OF 2019
Metro Brands Ltd. ... Plaintif
Versus
Metro Footwear ... Defendant
Mr. Amit Jamsandekar alongwith Mr. Jay Vora instructed by Mr. Piyush Shah for the
Plaintif.
Mr. Kamalesh Mali for the Defendant.
Mr. Arif Ajani, Proprietor of Defendant, present.
CORAM : S.J. KATHAWALLA, J.
DATED : 8th APRIL, 2019 P.C.:
1. Heard the Learned Advocates appearing for the parties and the following Order is passed, by consent :-
i. The above 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, stockiest, 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 ::: Uploaded on - 09/04/2019 ::: Downloaded on - 10/04/2019 01:04:25 ::: kpd 2 / 3 916-NMCDL-454-2019.doc suffix/prefix or any part thereof or any other similar/deceptively similar mark thereto or similar/deceptively similar to the Plaintiffs registered trademarks bearing registration Nos.284894, 661863, 474797, 1090659, 1090660, 1090334, 1251112, 1251113, 1251114, 1251115, 1251116, 1251117, 1251118 & 125119 so as to infringe the same.
(b) that the Defendant by themselves, their partners, servants, agents, C & F agents, stockists, 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 Plaintiffs trade marks 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 Plaintiffs.
(e) that the Defendant be ordered and decreed to deliver up to the Plaintiff for destruction thereof all the products/goods, alongwith the dies, papers, cartons, wrappers, strips, visuals 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."
ii. The Proprietor of the Defendant has tendered a cheque of Rs.2 Lacs towards costs/damages of the Plaintif. Since the Plaintif has agreed that the said costs may be used for a charitable cause, the same is drawn in favour of "Niramaya Health ::: Uploaded on - 09/04/2019 ::: Downloaded on - 10/04/2019 01:04:25 ::: kpd 3 / 3 916-NMCDL-454-2019.doc Foundation", working for child health issues in slums of Mumbai. He undertakes that the said cheque will be honoured upon being represented for disbursement. The undertaking is accepted.
iii. The Court Receiver stands discharged without passing accounts but subject to payment of his cost, charges and expenses within a period of two weeks from today by the Plaintif.
iv. The Suit as well as Notice of Motion are disposed of.
v. Refund of Court fees, if any, as per Rules.
( S.J.KATHAWALLA, J. )
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