Allowed

Mayfair Housing Pvt. Ltd. v. Mayfair Spaces Ltd. and 5 Ors.

Bombay HC4 May 2016S/91/2016

Case brief

AI extract

What is this about?

The Bombay High Court disposed of a suit regarding trademark infringement of 'MAYFAIR'. Defendants undertook to change their corporate name and stop new projects using the mark, while retaining rights to sell unsold inventory in existing projects. Plaintiff withdrew claim for damages.

What did the court decide?

Defendants undertook to change corporate name; entitled to sell unsold units in existing projects without name change; No order as to costs.

Mayfair Housing Pvt. Ltd. Vs Mayfair Spaces Ltd. and 5 Ors. — Property and Title | Bombay HC (2016)

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913-S91-16.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 91 OF 2016

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WITH

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NOTICE OF MOTION NO. 719 OF 2016

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Mayfair Housing Private Limited…Plaintiffs
Versus
Mayfair Spaces Limited & Others…Defendants

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Mr. Mayur Khandeparkar , with Mr. Nivit Srivastava, Mr. Nakul Jain, Mr. Harsh Behany, i/b Maniar Srivastava Associates, for the Plaintiffs/Applicants.

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Mr. Vinod Bhagat, with Mr. Puneet Jain, i/b G.S. Hegde & V.A.
Bhagat, for the Defendants.

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CORAM: G.S. PATEL, J DATED: 4th May 2016

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PC:-

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1.The dispute between the parties relates to the use of the word
of mark “MAYFAIR”. Given that the parties have agreed to
compromise the entire Suit and both Mr. Khandeparkar for the
Plaintiffs and Mr. Bhagat for the Defendants have instructions in
this behalf, it is not necessary to examine the matter on merits.

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2.The Defendants have agreed that they will, within a period of
three months, change their corporate name to remove the word

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Page 1 of 3
4th May 2016

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913-S91-16.DOC

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MAYFAIR from it. This will apply to the 1st Defendant and all its
sister concerns, group companies, partnership firms and other
entities that are part of or associated with the Defendants. This is
accepted as an undertaking to the Court.

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3.It is stated that the Defendants have three projects, all in
Vadodara, the construction of which is complete. These are known
as Mayfair Sunrise, launched in 2012; Mayfair Millenium,
launched in 2013; and Mayfair-The Address, launched in 2013. Mr.
Bhagat states that there is unsold inventory in one of more than one
of these three projects. While the Defendants agree that they will
not commence any new project hereafter using the mark MAYFAIR
(whether as a name or as a mark) it is also agreed that the
Defendants will be entitled to sell the unsold units in any of these
three projects without having to change the names of the projects
themselves. In doing so, however, any advertisement issued by the
Defendants will not be in the name of an entity or enterprise of any
nature that has the name or mark MAYFAIR in it, although, till
such inventory is disposed of, the project names as shown above will
remain unchanged.

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4. In view of this, the Plaintiff does not press its prayer for damages.

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5. There will be a decree in terms of prayer clauses (a), (b) and (e). The Suit is disposed of in these terms with no order as to costs.

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6. Refund of court fee, if any, in accordance with the Rules.

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Page 2 of 3
4th May 2016

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913-S91-16.DOC

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7. The pending Notice of Motion 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 3 of 3
4th May 2016

Mayfair Housing Pvt. Ltd. v. Mayfair Spaces Ltd. and 5 Ors.

Case brief

What is this about?

What did the court decide?

Mayfair Housing Pvt. Ltd. v. Mayfair Spaces Ltd. and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Mayfair Housing Pvt. Ltd. Vs Mayfair Spaces Ltd. and 5 Ors.