Suit for injunction was disposed of upon Defendant's representation that they have ceased using the disputed trademark pattern and colour combination. Plaintiff did not press remaining prayer clauses.
Suit decreed in terms of prayer clauses (a) and (b); other prayers dropped by Plaintiff.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
7-3652-08.sxw
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
srj
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.3652 OF 2008 IN SUIT NO.2988 OF 2008
Camlin Limited .. Plaintiff
Vs.
M/s. Handy Products .. Defendant.
Mr. Alankar A. Kirpekar, for the Plaintiff
Mr. Tejas S. Patil-Hande, representative of Plaintiff’s company’s Proprietor Present.
CORAM : S.J.KATHAWALLA.J.
DATE : 28th JANUARY, 2011.
P.C.:
1 Mr. Tejas Patil s/o. Defendant Mr. Sudam Patil, sole
proprietor, appears and states that his father is 86 years old and that
the entire business of the Defendant i.e. M/s. Handy Products is carried out by him. He submits that the earlier products of the Defendant are shown in the photographs annexed at Ex.”F” to “F-6” to the plaint. He has produced three bottles of gum/paste bottles (yellow
2 7-3652-08.sxw
in colour) and has also produced the carton which is used for selling of fountain pen ink and has submitted that he is no longer using the surface pattern, colour combination etc., as regards which the Plaintiff had a grievance. He, therefore, submits that he has no objection in submitting to a decree in terms of prayer clauses (a) and (b). Accordingly, the suit is decreed in terms of prayer clauses (a) and (b). In view thereof, the learned Advocate for he Plaintiff is not pressing for prayer clauses (c) and (d).
2 Suit is accordingly disposed of. Notice of Motion No.3652
of 2008 also stands disposed of.
(S.J.KATHAWALLA, J.)
M/s. Handy Products
S.J.Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
