Allowed

Godrej Consumer Products Limited v. Gnyaneshwar Industries and Anr.

Bombay HC16 Jul 2015LPETN/279/2014

Case brief

AI extract

What is this about?

In a trademark and copyright infringement suit, the High Court of Bombay, by consent, decreed the suit against all defendants to restrain them from manufacturing, marketing, and using deceptively similar trademarks or packaging.

What did the court decide?

Decreed the suit to restrain defendants from infringing plaintiff's trademarks and copyrights using 'GOLD KNIGHT' marks or similar packaging.

Godrej Consumer Products Limited Vs Gnyaneshwar… — Intellectual Property | Bombay HC (2015)

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s 831 of 2014 (908).sxw

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

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SUIT NO.831 OF 2014 WITH NOTICE OF MOTION NO.1431 OF 2014 WITH

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LEAVE PETITION NO.279 OF 2014

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Godrej Consumer Products Ltd. … Plaintiff

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versus

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Gnyaneshwar Industries Ltd. and Ors. … Defendants

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Mr. A.H.Kane with Mr. Bharma i/by M/s. W.S.Kane and Co., for Plaintiff. Mr. Hemant Ghadigaonkar, for Defendant No.1.

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Mr. Vikramsingh Yadav i/by Mr. Vinod Chate, for Defendant Nos.2 to 6. Mr. Dhanraj Navnath Sathe, Mr. Vijay Trimbakrao Kendre, Mr. Jyotirling Pandurang Bansode and Mr. Laxman Mallikarunappa Tambolkar, Defendant Nos.3 to 6 present in Court.

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CORAM: S.J. KATHAWALLA, J. DATE: 6^th AUGUST, 2015

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P.C.:

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Petition seeking leave under Clause 14 of the Letter Patent is

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allowed.

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Mr.Yadav undertakes to file Vakalatnama on behalf of Defendant Nos.2 to 6. Defendant Nos.3 to 6 are present in Court.

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Heard the learned Advocates for the parties and by consent, the

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following order is passed :

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(i) The Suit is decreed against the Defendant Nos.1 to 6 in terms of prayer clauses (a), (b) and (c), which are reproduced hereunder :

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s 831 of 2014 (908).sxw

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(a) that the Defendants by themselves, their proprietors, partners, directors, servants, agents, stockists, distributors, dealers and all persons claiming through them be restrained by a permanent order and injunction of this Hon'ble Court from infringing the Plaintiff's registered trade mark Nos.533230, 700508, 882687, 906405, 1269147, 1601694 and 1601691 all in class 05 by the use of the impugned trade mark “GOLD KNIGHT” and/or packed in the impugned packaging at Exhibit H hereto or any other trade mark / packaging deceptively similar to the Plaintiff's registered trade mark / packaging upon or in respect of the same/similar goods as those in respect of which the Plaintiff has secured aforesaid registrations or in any other manner whatsoever;

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(b) that the Defendants by themselves, their proprietors, partners, directors, servants, agents, stockists, distributors, dealers and all persons claiming through them be restrained by a permanent order and injunction of this Hon'ble Court from infringing the Plaintiff's registered copyright in its artistic work registered under No.A-60535/2002 by reproducing and/or publishing and/or using the impugned packaging shown at Exhibit H hereto or by reproducing and/or publishing and/or using any other work which is a reproduction of the Plaintiff's artistic work registered under No.A-60535/2002 and/or substantial part thereof in any material form or in any other manner whatsoever;

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s 831 of 2014 (908).sxw

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partners, directors, servants, agents, stockists, distributors, dealers and all persons claiming through them be restrained from manufacturing and/or marketing and/or selling and/or distributing and/or trading and/or exhibiting for sale and/or advertising the impugned goods under the impugned trade mark GOLD KNIGHT and/or packed in the impugned packaging at Exhibit H hereto or under any other trade mark deceptively similar to the Plaintiff's trade mark GOOD KNIGHT and/or to the Plaintiff's said packaging at Exhibit C hereto so as to pass off or enable others to pass off the Defendants' goods as and for the Plaintiff's well-known goods or in any other manner whatsoever;

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The Suit is accordingly disposed of. The Notice of Motion

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No.1431 of 2014 also stands disposed of.

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( S.J.KATHAWALLA, J. )

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Godrej Consumer Products Limited v. Gnyaneshwar Industries and Anr.

Case brief

What is this about?

What did the court decide?

Godrej Consumer Products Limited v. Gnyaneshwar Industries and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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