Calcutta High Court
Puran Chand Jain & Anr vs M/S. Jaigopal Engineering Works Pvt. ... on 26 February, 2014
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
G.A. No. 258 of 2014
With
C.S. No. 30 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
PURAN CHAND JAIN & ANR. Plaintiffs/Petitioners
Versus
M/S. JAIGOPAL ENGINEERING WORKS PVT. LTD. Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI Date : 26th February, 2014.
For Plaintiffs/Petitioners : Mr. Amitesh Banerjee with Mr. Rudraman Bhattacharya, Adv. Section 142 of the Trade Marks Act, 1999 is invoked. The plaintiffs' mark is "Ashaarc". Registration of it is pending. The defendant, by their notice dated 20th December, 2013, has warned the plaintiffs to cease and desist from using the mark, as according to them it is deceptively similar to their registered mark "Asha".
Mr. Banerjee points out that the word or mark "Asha" is very common and there are many registrations of the mark or word, as part of a trade mark or marks or word or words.
A prima facie case is made out. These matters are usually moved ex parte. This application is also so moved.
There will be an order in terms of prayer (b), of the Notice of Motion/petition valid till 31st March, 2014.
This application is made returnable on 10th March, 2014. All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I. P. MUKERJI, J.) K. Banerjee A.R. [C.R.]