By consent order, the suit regarding infringement of trademark WARMRUB and copyright was decreed, granting perpetual injunctions and ordering destruction of seized stock.
Perpetual injunctions restraining infringement of trademark and copyright; destruction of seized stock; payment of costs to charitable institutions.
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.
1
KPPNair
SUIT 782 OF 2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 782 OF 2013
Prakash Melwani …Plaintiff
Versus
Lexine Technochem Pvt. Ltd. & Anr. Defendants
Mr. Alankar Kirpekar, instructed by M/s. Mag Legal, for the Plaintiff. Ms. Geetika, instructed by M/s. Gordhandas & Fozdar, for Defendant No.1. Mr. Dhiren R. Karania, for Defendant No. 2.
CORAM: S.J. KATHAWALLA, J.
DATE: 1 st JULY, 2015
P.C.
2
KPPNair
SUIT 782 OF 2013
(ii) The Defendant No. 1 shall destroy the entire stock of the impugned product seized by the Court Receiver, pursuant to order dated 8th August,2013, within a period of 2 weeks from today and shall submit report thereof in writing to the Court Receiver.
(iii) The Defendant No. 2 undertakes not to use the word “WARMFAST” and/or its label and/or its carton and/or its packaging material as depicted in
KPPNair 3
SUIT 782 OF 2013
the annexure which is taken on record and marked “A” for identification. The undertaking is accepted.
(iv) The Defendant No. 2 is allowed to sell the existing 60000 tubes of the product bearing the mark “WARMFAST” as depicted in the Annexure marked “A” for identification, within a period of four weeks from today. The Defendant No. 2 undertakes to provide the batch number/s of the existing stock of product bearing the mark “WARMFAST” within a period of 2 days from today to the Plaintiff.
(v) The Defendant No. 2 undertakes to pay costs of Rs. 5,00,000/- (Rupees Five lacs only).The parties have agreed that the said costs shall be paid to the following Charitable Institutions as follows:
(a) Rs. 2,00,000/- to Women's India Trust i.e. a charitable organization which helps unskilled and disadvantaged women to develop skills and earn a regular income;
(b) Rs. 2,00,000/- to The Welfare of Stray Dogs , a non-profit trust recognized by the Animal Welfare Board of India (Ministry of Environment and Forests, Government of India) which inter alia works towards eradication of rabies in Mumbai thereby arresting human deaths due to rabies;
(c ) Rs. 1,00,000/- to Seva Sadan Society , a social service institution for the upliftment of underprivileged girls and women and provides
4 SUIT 782 OF 2013
KPPNair
shelter, education and vocational training and employment opportunities to make girls self-sufficient and to lead dignified lives.
The above amounts shall be paid within a period of three weeks from the date of this order.
(vi) The Plaintiff gives up his claim for damages mentioned in prayer clause (d) of the Plaint. The Court Receiver shall stand discharged without passing of accounts, but upon payment of his costs, charges and expenses.
(vii) The Suit is accordingly disposed off. Refund of Court fees, if any, as per Rules.
(S.J. KATHAWALLA, J.)
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
