Calcutta High Court
Brij Gopal Mundhara vs G.B. Products And Ors on 11 August, 2014
Author: Soumen Sen
Bench: Soumen Sen
GA No. 2162 of 2014
CS No. 245 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
BRIJ GOPAL MUNDHARA
Versus
G.B. PRODUCTS AND ORS
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 11th August, 2014.
Appearance:
Mr. Sayantan Bose, Adv.
Mr. Gautam Roy, Adv.
Mr. S. Jana, Adv.
Mr. S. Roy Chowdhury, Adv.
Mr. Sunil Singhania, Adv.
Mr. Ranjan Bachawat, Sr. Adv.
Mr. Soumabho Ghose, Adv.
The Court : This application has been filed by the plaintiff seeking
injunction restraining the defendants from infringing the petitioner's registered
design being No.253571 dated 30th April, 2013 by applying the identical and/or
deceptively similar design having obvious and/or fraudulent imitation of the
registered design of the petitioner on the kids' wears manufactured and marketed
by the respondents in any manner whatsoever. The infringed and/or offending
design is at page 64 of the petition.
At the time of admission of this petition, joint special officers were appointed to visit the place or places of business of the defendants and to file a report in this Court whether the assertion made by Mr. Ghose on behalf of the 2 second, fourth and fifth defendants that his clients are not part of G. B. Products are factually correct. The joint special officers have filed a report. The inventory made by the special officers and forming part of the report filed by them, however, does not show that the respondents are selling garments by infringing the mark of the plaintiff.
However, at the same time the defendants or for that matter any one else cannot sell any product which will likely to infringe or are deceptively similar to the product of the plaintiff and in respect whereof the plaintiff is a registered holder of the design.
In view thereof, this application is disposed of by recording that the defendants and each of them are not using the offending design as mentioned in page 64 of the petition. However, in future if it is found that the said defendants or any of them are infringing the design, the plaintiff shall be at liberty to move afresh.
The aforesaid order is passed on the basis of the submissions made by Mr. Soumya Roy Chowdhury, representing defendant nos.1 and 3 and Mr. S. Ghose, representing defendant nos.2, 4 and 5, on instructions, that their clients are not infringing the design and/or manufacturing or selling kids' wears bearing the impugned design of which the petitioner is a registered design holder being design no.253571 dated 30th April, 2013.
The joint special officers stand discharged after getting a further remuneration of 500 GMs each to be paid by the plaintiff within a week from date. The report filed by the joint special officers is kept with the record. 3
Since no affidavits are called for, the allegations made in the petition are deemed to have not been admitted.
Certified website copies of this order, if applied for, be urgently supplied to the parties upon compliance with all requisite formalities.
(SOUMEN SEN, J.) bp.