Calcutta High Court
United Cycle Co. Ors vs Firefox Bikes Pvt. Ltd on 24 September, 2014
Author: Soumen Sen
Bench: Soumen Sen
GA No.3119 of 2014
CS No.357 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
UNITED CYCLE CO. ORS.
Versus
FIREFOX BIKES PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 24th September, 2014.
Appearance:
Mr. Ranjan Bachawat, Sr. Adv.
Mr. Debnath Ghosh, Adv.
The Court : Three several cease and desist notices dated 17th July, 2014; 4th August, 2014 and 1st September, 2014 are sought to be challenged in this application on the ground that the defendant is misusing its power and giving groundless threat of initiation of a legal proceeding against the plaintiff without having any just cause and knowing fully well that the mark of the plaintiff is distinctly different from that of the defendant.
Mr. Bachawat, learned senior counsel, appearing on behalf of the plaintiff refers to Section 142(2) of the Trademarks Act, 1999 and submits that had there been a genuine cause of action against the plaintiff by the defendant, by this time the defendant would have initiated a legal action against the plaintiff for infringement of any trademark in stead of issuing empty threats.
There shall be an order in terms of prayer (b) with the rider save and except that if prior to the passing of this order any suit has been instituted by the 2 defendant against the plaintiff, this order would not have any binding effect. Mr. Bachawat further submits that notice of this application may render the suit infructuous since the defendant, on notice of this application, could have filed the suit and in that event the basis of this application would have gone.
Since it has been clearly stated that pursuant to the cease and desist notices, no legal action has been initiated so far, I am inclined to take up this matter ex parte and pass a limited interim order in terms of prayer (b) of the petition.
However, in the event no such suit is filed and no legal proceeding is pending against the defendant concerning such trademarks, the interim order shall continue till 7th November, 2014 or until further order, whichever is earlier.
The matter is made returnable on 29th October, 2014. The petitioner shall serve a copy of this application along with a copy of this order upon the defendant by speed post with AD and shall file an affidavit of service on the returnable date.
Certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities.
(SOUMEN SEN, J.) bp.