Calcutta High Court
International & Ors vs Golden Tips Tea Co. (P) Ltd on 8 July, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
ORDER SHEET G.A.No.3896 of 2007 C.S.No.224 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NATHMULLS TEA EXPORTS INTERNATIONAL & ORS.
-Versus-
GOLDEN TIPS TEA CO. (P) LTD.
Apearance:
Mr. Gautam Chakravartti, Sr. Adv.
...For the petitioner. Before:
The Hon'ble Justice SANJIB BANERJEE Date: July 08, 2010.
The Court: The defendant is not represented even at the second call. An affidavit-in-opposition has, however, been filed. The plaintiffs claim to be the registered owner of the wordmark "Nathmulls" under class 30. The copy of the registration certificate reveals that the mark was registered in 1991. The plaintiffs refer to the long use of the mark and the expenses incurred for its publicity. The plaintiffs' mark is under class 30 and is primarily used in connection with tea and tea products.
Though the registration is in favour of four individuals, the brothers of the Sarda family, and their partnership firm recorded in the registration certificate is one Nathmulls Tea Export 2 International, only two of the brothers and the firm are the plaintiffs herein.
The plaintiffs say that the defendant has surreptitiously obtained the registration of the mark Nathmulls. The plaintiffs submit that notwithstanding such registration, since the plaintiffs are the prior users and since a breakaway Sarda branch is behind the defendant, it is evident that the use of the word Nathmulls by the defendant is improper.
Since none appears to oppose the petition even at the second call and an arguable case has been made out in the petition, G.A.No.3896 of 2007 is disposed of by restraining the defendant, whether by itself or by its servants, agents or assigns or otherwise howsoever from using the word Nathmulls or any colourable imitation thereof in connection with the defendant's sale or manufacture or supply of tea or related products in any manner whatsoever.
The defendant will also pay costs of this application assessed at 300 GM.
Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) A/s.