Bombay High Court
Parle Products Pvt. Ltd vs Utkal Kumar Behera on 4 April, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-OS:5746
1/4 14 IAL 13817-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.13817 OF 2023
IN
COMMERCIAL IP SUIT (L) NO. 12793 of 2023
WITH
LEAVE PETITION (L) NO. 14308 OF 2023
IN
COMMERCIAL IP SUIT (L) NO. 12793 OF 2023
WITH
COURT RECEIVER'S REPORT NO. 236 OF 2023
Parle Products Pvt Ltd .. Applicant
Versus
Utkal Kumar Behera .. Respondent
...
Mr. Hiren Kamod with Prem Khullar, Anees Patel, Aditya Chitale,
Prashant Shetty i/b RK Dewan Legal Services for the applicant.
Ms.Riddhi Hakeem with Shakti Verma for the defendant.
Mr.Niranjan Chavan, Clerk, Office of the Court Receiver.
CORAM: BHARATI DANGRE, J.
DATED : 4th APRIL, 2024 P.C:-
1 Commercial IP Suit (L) No. 12793/2024 deserve to be decreed in terms of the Consent Minutes of order placed before me under the signature of the Advocate for the plaintiffs and Advocate for the defendants.
The Consent Minutes are taken on record and marked "X" for identification.
Tilak
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Since the defendant no.2, proprietor of Taaj Food and Beverages, Shri Ali Bhai, is informed to have been passed away, the Consent Minutes do not cover his case as the proceedings stand abated.
2 The defendant nos.1 and 3 have acknowledged and confirmed that the plaintiffs are the true and lawful proprietor of the trade mark "GLUCO", Gluco formative trademarks and registered GLUCO trade marks, as set out in the plaint. They have agreed to be submitted to a decree in terms of prayer clauses
(a), (b) and (c) of the plaint.
In terms of the inventory of the Special Receiver, the defendants have agreed that the goods which are currently in the custody of defendant no.1 in its premises in sealed form shall be de-sealed and destroyed by the defendant no.1 in presence of the plaintiff's representatives.
3 The defendants have specifically undertaken that they shall not manufacture, market, package, distribute, or sell the goods, like goods or any other goods using the trademark of the plaintiff and/or any other trademark identical with and/or closely and deceptively similar to that of the plaintiff.
Apart from this, undertakings are also set out to the effect that they have not, and shall not file any application except the one which is filed and mentioned in para 7 and even the same Tilak ::: Uploaded on - 05/04/2024 ::: Downloaded on - 05/04/2024 18:01:49 ::: 3/4 14 IAL 13817-23.doc shall be withdrawn within 15 days of the filing of the consent terms.
The defendants have paid the sum of Rs.50,000/- towards costs and have also undertaken that they shall be liable to an amount of Rs.Five lakhs by way of liquidated damages, if they are in breach of the undertakings recorded in the Consent Terms.
4 The undertakings of the defendant nos.1 and 3 recorded in the Consent Minutes are accepted as undertakings given to the Court and needless to state that they shall bind them.
In the wake of the Exhibit 'X', the Letters Patent Appeal No.14308/2023 for combining the cause of action for passing off with that of infringement of trademark is allowed.
Interim Application stand disposed off.
In the wake of the above, the Court Receiver appointed under the orders of the Court shall stand discharged without passing accounts. Needless to state that the Court Receiver shall be entitled for the necessary costs, expenses towards discharge of its duty.
Decree is drawn in terms of prayer clauses (a), (b) and
(c), which read thus :-
(a) that the Defendants by themselves, their proprietors dealers, servants, agents, stockists, distributors, packagers, manufacturers and all persons acting on their behalf be restrained by a perpetual order and injunction of this Hon'ble Court from infringing the Plaintiffs' registered trade marks as shown at Exhibit-C hereto, or any of them, by the use of the Tilak ::: Uploaded on - 05/04/2024 ::: Downloaded on - 05/04/2024 18:01:49 ::: 4/4 14 IAL 13817-23.doc impugned trade mark "GLUCO FILL" or any other trade mark which is identical with and/or deceptively similar to the Plaintiffs' registered trade marks as shown at Exhibit-K and Exhibit-L hereto, or any of them, in respect of beverages, drinks, biscuits or similar goods or in any other manner whatsoever;
(b) that the Defendants by themselves, their proprietors servants, agents, stockists, dealers, distributors, packagers, manufacturers and all persons acting on their behalf be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, selling, advertising, distributing, marketing, exhibiting for sale or otherwise dealing in the impugned goods under the impugned trade mark "GLUCO FILL" or any other trade mark deceptively similar to the Plaintiffs' well-known trade mark "GLUCO" so as to pass off their impugned goods or like goods as and for the Plaintiffs' said goods or in any other manner whatsoever;
(c) that the Defendants be ordered and decreed to deliver up for destruction all the impugned goods bearing the impugned trade mark "GLUCO FILL" and all other things which are or may be intended to be used in the manufacture or sale of and in connection with the Defendants' impugned goods including goods, paper, packaging, printouts, pamphlets, sign-boards and other articles bearing the impugned trade mark GLUCO FILL;
Refund of Court fees, shall be granted, if permissible under the Rules.
( SMT. BHARATI DANGRE, J.) Tilak ::: Uploaded on - 05/04/2024 ::: Downloaded on - 05/04/2024 18:01:49 :::