Allowed

Pidilite Industries Limited v. Jyoti Resins and Adhesives Limited

Bombay HC29 Apr 2016S/432/2016

Case brief

AI extract

What is this about?

A civil suit between PIDILITE Industries Limited and Jyoti Resins & Adhesives Limited regarding trade marks was disposed of on agreed terms, with the Defendant undertaking to withdraw pending trademark registrations and remove impugned marks.

What did the court decide?

Decree passed subject to Defendant's undertaking to withdraw trademark registrations and dispose of materials bearing impugned marks within 45 days.

Pidilite Industries Limited Vs Jyoti Resins and… — Intellectual Property | Bombay HC (2016)

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911-SL393-16.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 393 OF 2016 WITH

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NOTICE OF MOTION (L) NO. 1204 OF 2016

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PIDILITE Industries Limited…Plaintiff
Versus
Jyoti Resins & Adhesives Limited…Defendant

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Mr. V.R. Dhond, Senior Advocate, with Mr. Hiren Kamod, Mr.
Vaibhav Keni, Mr. Sumeet Rane & Ms. Garema Srivastav, i/b
Legasis Partners, for the Plaintiff.

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Mr. Ramesh Gajria, i/b M/s. Gajria & Co., for the Defendant.

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CORAM:G.S. PATEL, J
DATED:29th April 2016

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PC:-

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1.Mr. Gajria appears for the Defendant, on behalf of whom Mr.
Utkarsha Patel, a Director, and Mr. Jayesh Raythatha, Regional
Sales Manager & Authorized Representative are also present.

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2.On instructions, Mr. Gajria submits to a decree in terms of
prayer clauses (a) to (g) of the Plaint. Mr. Dhond for the Plaintiff
does not press prayer clauses (h) and (i).

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Page 1 of 2
29 April 2016

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911-SL393-16.DOC

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3. It is also agreed that the Defendant will have 45 days to dispose of all materials, packaging, labels etc. bearing the impugned marks. The Defendant agrees and undertakes to this Court to do so. That undertaking is accepted as an undertaking to the Court.

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4. In addition, the Defendant agrees and undertakes to withdraw its applications for registration of the trade marks EURO MARINE and EURO D3 . This is also accepted as an undertaking to the Court.

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5. The Suit is decreed on the foregoing terms. Drawn up decree dispensed with.

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6. Refund of Court Fee, if any, in accordance with the Rules.

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7. The pending Notice of Motion does not survive and is disposed of as infructuous.

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8. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Page 2 of 2
29 April 2016

Pidilite Industries Limited v. Jyoti Resins and Adhesives Limited

Case brief

What is this about?

What did the court decide?

Pidilite Industries Limited v. Jyoti Resins and Adhesives Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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