High Court of Bombay allowed Notice of Motion restraining accused entities from manufacturing, marketing, or selling paints bearing marks similar to Plaintiff's 'APEX' trademark or copyright artwork during suit pendency.
Restrain Defendants from manufacturing/selling paints with infringing 'APEX' marks or similar artwork
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.
914-NMS-263-2015
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 263 OF 2015
IN
SUIT NO. 735 OF 2014
Asian Paints Limited … Applicant / Plaintiff Versus Jain Paints and Anr. … Defendants
Mr. Vinod Bhagat a/w. Mr. Dhiren Karania i/b. G.S. Hegde and V.A Bhagat for the Applicant / Plaintiff. None for Defendant No. 2.
CORAM : S.J. KATHAWALLA, J. DATED : 21ST JULY, 2015
P.C.:
“6. I say that it will make no difference if this Hon'ble
Court grants a stay upon the Defendant No. 2 i.e. myself,
as I am, not dealing with the manufacturing, marketing, selling and / or using in any manner whatsoever in
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relation to its exterior emulsion paints, GOLD DRY APEX AZPER or mark identical with and / or deceptively similar to the Plaintiff's trade mark APEX, for such use thereof by the Defendant No. 2 amounting to infringement of the Plaintiff's trademark registered under No. 2130509, 857108, 1673955, all in class 02, or in any way the passing off the Defendant's business and goods as and for the business and goods of the Plaintiff or in some way connected or associated therewith”.
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goods used in the paint industry, the impugned mark GOLD DRY APEX AZPER or any mark identical with and / or deceptively similar to the Plaintiff's trade mark
APEX, for such use thereof by the Defendants amount to infringement of the Plaintiff's said trade mark registered under Nos. 2130509, 857108 and 1673955, all in class 02 ;
(b) That pending the hearing and final disposal of the Suit, the Defendants by themselves, their proprietor / partners, heirs, servants, agents, stockists, dealers, assignees and all those connected with them in their business be restrained by an order and injunction of this Hon'ble Court from manufacturing marketing, selling and / or using in any manner whatsoever in relation to its exterior emulsion paints, emulsions and other like goods used in the paint industry, the impugned mark GOLD DRY APEX AZPER or any mark identical with and / or deceptively similar to the Plaintiff's distinctive and prior used trademark APEX, for such thereof by the Defendants amount to passing of the Defendant's
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business and goods as and for the business and goods of the Plaintiff or in some way connected or associated therewith ;
(c) That pending the hearing and final disposal of the Suit, the Defendants by themselves, their proprietor / partners, heirs, servants, agents, stockists, dealers, assignees and all those connected with them in their business be restrained by an order and injunction of this Hon'ble Court from manufacturing, marketing, selling and / or using in any manner whatsoever in relation to its exterior emulsion paints, emulsions and other like goods used in the paint industry, the impugned pirated artwork of GOLD DRY APEX AZPER (appended hereinabove at Exhibit-G) bearing a colour scheme, layout, get-up, style, artwork, trade dress and representation or any other artwork which is identical with and / or is substantially similar / strikingly similar as regards the colour scheme, lay-out, get-up, style, artwork, trade dress and representation to the Plaintiff's original artistic label of APEX, for such use thereof by
Nitin 5 / 5 914-NMS-263-2015 the Defendants amounts to infringement of the Plaintiff's subsisting copyright”.
(S.J. KATHAWALLA, J.)
2 issues framed by the court
Whether to grant interim injunction restraining respondents from manufacturing and selling goods bearing infringing or passing-off marks in relation to exterior emulsion paints
Whether to restrain respondents from using artwork substantially similar to the plaintiff's copyright
2 provisions across 2 enactments
Asian Paints Limited
Jain Paints and Anr.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
