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Calcutta High Court

Khadim India Limited vs Paragon Polymer Products Pvt. Ltd on 5 December, 2018

Author: Soumen Sen

Bench: Soumen Sen

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                            GA 3214 OF 2018
                                 WITH
                             CS 237 of 2018
                         KHADIM INDIA LIMITED
                                 Versus
                  PARAGON POLYMER PRODUCTS PVT. LTD.

  BEFORE:

  The Hon'ble JUSTICE SOUMEN SEN

  Date : 5th December, 2018.



                                           Mr.   D. Ghosh, Advocate,
                                           Mr.   P.R. Sinha, Advocate
                                           Mr.   A. Chandra, Advocate
                                           Mr.   D. Mukhopadhyay, Advocate
                                           Mr.   S. Ghosh, Advocate



                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

April 17, 2016 under the provisions of the Designs Act, 2000 under design

registration No.286115 in Class 02-04. The petitioner contents that upon
                                          2


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. Debnath Ghosh, learned 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. The interim order shall continue for a period of 6 weeks or until further order whichever is earlier.

Mr. Sourojit Dasgupta, Advocate, 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. 3

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 January 9, 2019.

(SOUMEN SEN, J.) GH.