Calcutta High Court
Khaitan India Limited vs Khaitar Industries Private Limited And ... on 18 December, 2020
Author: Debangsu Basak
Bench: Debangsu Basak
OC 5
ORDER SHEET
IA NO.GA/1/2020
In
CS/155/2020
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
KHAITAN INDIA LIMITED
VERSUS
KHAITAR INDUSTRIES PRIVATE LIMITED AND ORS.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date: 18th December, 2020. (Via Video Conference) Appearance:
Mr. Surajit Dasgupta, Adv.
Mr. Rajesh Upadhyay, Adv.
Ms. S. Biswas, Adv.
The Court: In a suit for infringement of registered trademark and passing off, the plaintiff seeks interim protection.
Learned advocate appearing for the plaintiff submits that the plaintiff is a prior user of the mark. The mark is registered. The defendants are using a deceptively similar mark, which is causing prejudice to the business of the plaintiff.
In the facts of the present case, it appears that the mark of the plaintiff being 'Khaitan' stands registered in favour of the plaintiff. Apparently, from page 87 of the petition, it appears that, the defendants are using a deceptively similar mark on its product. The parties apparently deal in electric fans.
In such circumstances, the plaintiff having made out a strong prima facie case, it would be appropriate to pass an order of injunction restraining the defendants from 2 using the trademark 'Khaitan' and/or any other words and/or get up identical and/or deceptively similar to that of the registered trademark of the plaintiff when the plaintiff is at liberty to pray for further interim orders.
The interim order will continue till May 31, 2021 or until further orders whichever is earlier.
List the application under the same heading on January 6, 2021.
(DEBANGSU BASAK, J.) B.Pal