Dismissed

Isagro (Asia) Agrochemicals Pvt. Ltd. v. Safex Chemicals India Ltd.

Bombay HC3 Aug 2015S/1118/2012

Case brief

AI extract

What is this about?

By consent, the court restrained the Defendant from infringing or using the Plaintiff's trademark 'ADMIT' in agrochemical products and mandated withdrawal of conflicting trademark applications and rectification petitions.

What did the court decide?

Restraint from using 'ADMIT'; withdrawal of trademark applications (No. 1801834) and rectification application (ORA/51/2013/TM/MUM/6936); disposal of goods by 10th August 2015.

Isagro (Asia) Agrochemicals Pvt. Ltd. Vs Safex… — Intellectual Property | Bombay HC (2015)

Nitin

918-S-1118-2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 1118 OF 2012

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Isagro (Asia) Agrochemicals Private Limited Versus

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… Plaintiff

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Safex Chemicals India Limited

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… Defendant

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ALONG WITH

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NOTICE OF MOTION NO. 1553 OF 2012

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SUIT NO. 1118 OF 2012

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WITH

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LEAVE PETITION NO. 32 OF 2014

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SUIT NO. 1118 OF 2012

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WITH

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CHAMBER SUMMONS NO. 916 OF 2013

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SUIT NO. 1118 OF 2012

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Mr. Nayan Rawal for the Plaintiff. Mr. A.A. Kirpekar i/b. MAG Legal for the Defendant.

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CORAM : S.J. KATHAWALLA, J. DATED : 3RD AUGUST, 2015

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P.C.:

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Heard the learned Advocates appearing for the parties and the

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following order is passed by consent :

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i. The Defendant, by itself, its Directors, agents are restrained by a

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Nitin 2 / 3 918-S-1118-2012

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mandatory order and injunction from in any manner infringing and / or using in relation to any Agrochemicals, Pesticide, Fungicide, Herbicides related products the trademark 'ADMIT' or any other mark which is deceptively and confusingly similar to the Plaintiff's registered trademark 'ADMIT'.

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ii. The Defendant undertakes to withdraw from the records of the Trade Mark Registry its application/s made for registration of the impugned mark under application No. 1801834 or any other application made for registration of the mark 'ADMIT' or any other deceptively mark thereto and to forward copy / copies of such withdrawal, duly acknowledged by the Trade Marks office to the Plaintiff, and further undertakes not to apply for registration of any mark which is identical with and / or are deceptively / substantially similar to the Plaintiff's trade mark of 'ADMIT'.

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iii. The Defendant also undertakes to unconditionally withdraw the rectification Application filed by him against Plaintiff's mark 'ADMIT' details of which are set out hereunder :

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IPAB Intellectual Property Appellant Board Chennai.

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Original Application No. ORA/51/2013/TM/MUM/6936

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(for the removal / rectification of Trade Mark No. 1801833 in

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class ) The undertakings are accepted.

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3 / 3 918-S-1118-2012

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Nitin

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iv. The Defendant is granted time upto 10^th August, 2015 to dispose of all the impugned goods lying with the Defendant.

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v. In view of the above order, no cost and / or damages are claimed by the Plaintiff.

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vi. The Leave Petition, Notice of Motion, Chamber Summons as well as Suit are accordingly disposed.

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vii. Refund of Court Fees, if any, as per Rules.

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(S.J. KATHAWALLA, J.)

Isagro (Asia) Agrochemicals Pvt. Ltd. v. Safex Chemicals India Ltd.

Case brief

What is this about?

What did the court decide?

Isagro (Asia) Agrochemicals Pvt. Ltd. v. Safex Chemicals India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Coram

Case details

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