Disposed
Blue Dart Express Ltd. v. M/S. Blue Dart Packers and Movers
Bombay HCNMS/447/2015
What the court decided
AI extract
Outcome
Allowed temporary injunction restraining defendant from using impugned mark pending final disposal of suit.
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.
nms 447 of 2015 (928).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.447 OF 2015 IN
SUIT NO.243 OF 2015
Blue Dart Express Ltd. … Plaintiff
versus
M/s. Blue Dart Packers and Movers … Defendant
Mr. Rashmin Khandekar with Mr. Rishabh Jogani i/by M/s. DSK Legal, for Plaintiff.
None for Defendant.
CORAM: S.J. KATHAWALLA, J.
DATE: 3rd JULY, 2015
P.C.:
interim order dated 18-03-2015. None appear for the Defendant, though
served. Affidavit of substituted service dated 26-06-2015 is on record. For
reasons set out in the order dated 18-03-2015, pending the hearing and final disposal of the Suit, the Notice of Motion is allowed in terms of prayer clause (a) which is reproduced hereunder :
“(a) that pending the hearing and final disposal of the suit, the Defendant by themselves, their officers, servants, dealers, agents or any person claiming through them be restrained by a temporary order and injunction of this Hon'ble Court from using in relation to their business/services the impugned mark
1/2
ssp
nms 447 of 2015 (928).sxw
BLUE DART or any other deceptively similar mark/words so as to infringe the Plaintiff's registered trade mark at Exhibits “E-1 to E-57” hereto; or in any other manner whatsoever.”“that pending the hearing and final disposal of the suit, the Defendant by themselves, their officers, servants, dealers, agents or any person claiming through them be restrained by a temporary order and injunction of this Hon'ble Court from using in relation to their business/services the impugned mark BLUE DART or any other deceptively similar mark/words so as to infringe the Plaintiff's registered trade mark at Exhibits “E-1 to E-57” hereto; or in any other manner whatsoever.”
Motion seeking further reliefs after the Petition under Clause 14 of the Letters Patent Act, is served on the Defendants.
( S.J.KATHAWALLA, J. )
2/2
ssp
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court