Allowed

Sapat International Pvt. Ltd. v. Gs-We Contribute and Grow and Anr.

Bombay HC20 Aug 2015NMS/1976/2015

Case brief

AI extract

What is this about?

On 20th August 2015, the Bombay High Court distinguished an ex-parte interim order on service and made it absolute upon plaintiff's proof of service and defendant's letter stating withdrawal of application and takedown of domain/brand. Court granted final injunction ordering defendants to cease trading, advertising, or selling under the impugned trademark and well-liked ChaiTime marks. Court also

What did the court decide?

The Notice of Motion was made absolute granting temporary and permanent injunction restraining defendants from offering, advertising, marketing, selling or dealing in goods/services under impugned tra

Sapat International Pvt. Ltd. Vs Gs-We Contribute and Grow and Anr. — Bombay HC (2015) — LawSathi Research

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906-NMSL2185-15.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 2185 OF 2015

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IN

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SUIT (L) NO. 827 OF 2015

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Sapat International Pvt. Ltd.…Plaintiffs
Versus
GS-WE Contribute & Grow & Anr.…Defendants

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Mr. H.W. Kane, with Mr. Ashutosh Kane, Mr. Nikhil Sharma & Ms.
Janaki Bhide, i/b W.S. Kane & Co., for the Plaintiffs.
None for the Defendants.

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CORAM: G.S. PATEL, J DATED: 20th August 2015

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PC:-

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1.There is an ad-interim order dated 13th August 2015. This
was an order passed exparte. The Plaintiffs have thereafter served
the Notice of Motion and plaint. An Affidavit of Service dated 19th
August 2015 is tendered. It is taken on file. This Affidavit,
unusually in such cases, sets out at some length various despatches
made by the Plaintiffs’ Advocates. The Affidavit sets out that
delivery acknowledgements have been received by the 1st and 2nd
Defendants. Mr. Kane also clarifies that the exparte ad-interim

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906-NMSL2185-15.DOC

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order was also separately served. None appears for the Defendants
today despite service.

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2.Mr. Kane, learned Advocate for the Plaintiffs, points out that
by a letter dated 18th August 2015 from the Defendants’ Advocates
to the Plaintiffs Advocates, the Defendants have stated that they
would not like to proceed and desire to withdraw their Application
No. 2687117 in the Trademark Registry and that the Defendants
have taken all necessary steps in that regard. The letter also states
that the necessary steps have been taken to take down the website
and domain name www.itschaitime.inand all other accounts that
carry the offending brand “Its Chai Time, Enjoy the Flavors”
from all social media and networking sites. Mr. Kane tenders a copy
of the letter dated 18th August 2015. It is taken on record and
marked “X” for identification. He submits that in view of this
letter, the Notice of Motion can be made absolute in terms of the
ad-interim order dated 13th August 2015.

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3.In view of the letter dated 18th August 2015, the Notice of
Motion is made absolute in terms of the ad-interim order dated 13th
August 2015.

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4.Since by a separate order made today, the petition for Leave
under Clause XIV has been made absolute, there will also be a final
order on the Notice of Motion in terms of prayer clause (b), which
reads as follows:

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“(b)that pending the hearing and final disposal of the suit,
the Defendants by themselves, their directors, proprietor,
partners, servants, agents, franchises and all persons claiming

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906-NMSL2185-15.DOC

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through them be restrained by a temporary order and
injunction of this Hon’ble Court from offering, advertising,
marketing, selling and/or otherwise dealing in the impugned
goods or the like goods as also from rendering, offering,
advertising or otherwise howsoever dealing with the impugned
services or the like services under the impugned trade mark
“It’s Chai Time” and/or through the impugned domain
name/website www.itschaitime.in and/or any other trade mark
and/or domain name/website deceptively similar to the
Plaintiff’s well-known trade mark chaitime and/or the trade
mark/domain name www.chaitime.com and/or containing the
word “chaitime” and/or any other word/s deceptively similar
thereto so as to pass off or enable others to pass off their
goods and/or services and/or business as and for the well-
known goods and/or services and/or business of the Plaintiff
or in any other manner whatsoever;”

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(G. S. PATEL, J.)

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Sapat International Pvt. Ltd. v. Gs-We Contribute and Grow and Anr.

Case brief

What is this about?

What did the court decide?

Sapat International Pvt. Ltd. v. Gs-We Contribute and Grow and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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Sapat International Pvt. Ltd. Vs Gs-We Contribute and Grow and Anr.