Single judge order granting leave to file a leave petition and, by consent decreeing a suit for permanent injunction against trademark and copyright infringement and passing off without the need for a detailed trial.
Suit decreed against defendants restraining trademark/copyright infringement and pass-off by consent order.
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.
s 831 of 2014 (908).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.831 OF 2014 WITH NOTICE OF MOTION NO.1431 OF 2014 WITH
LEAVE PETITION NO.279 OF 2014
Godrej Consumer Products Ltd. … Plaintiff
versus
Gnyaneshwar Industries Ltd. and Ors. … Defendants
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.
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.
CORAM: S.J. KATHAWALLA, J. DATE: 6th AUGUST, 2015
P.C.:
allowed.
following order is passed :
(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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(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;
(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;
(c) that the Defendants by themselves, their proprietors,
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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;
No.1431 of 2014 also stands disposed of.
( S.J.KATHAWALLA, J. )
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1 provisions across 1 enactments
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
