In Commercial Suit regarding trademark/trade name usage, the defendant undertook to ceasing using the word 'FRUITI' and correcting descriptive use. The suit was disposed of with no order as to costs.
Suit disposed of with no order as to costs and refund of court fees as per Rules.
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.
901-NMCDL3-16.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION (L) NO. 3 OF 2016
IN
COMMERCIAL SUIT (L) NO. 3 OF 2016
Parle Agro Private Limited…Applicant
In the matter between
Parle Agro Private Limited...Plaintiff
Versus
Bisleri International Private Limited…Defendant
Dr. Veerandra Tulzapurkar, Senior Advocate , a/w Ms. Saumya Shrikrishna, i/b Neolegal Asociates, for the Plaintiff.
Mr. Janak Dwarkadas, Senior Advocate, i/b Gajaria & Co., for the
Defendant.
CORAM: G.S. PATEL, J DATED: 13th June 2016
PC:-
1. By consent the following order is passed:
(a) Mr. Dwarkadas for the Defendant states, on instructions, that the Defendant uses the word “FRUITY” in a purely descriptive manner on its products. Dr. Tulzapurkar for the Plaintiff has noPage 1 of 3
13th June 2016
901-NMCDL3-16.DOC
objection to such descriptive use of the word
“FRUITY”.
(b) Mr. Dwarkadas states that in its advertising and promotional material, the Defendant has mistakenly used the word “FRUITI” instead of the word “FRUITY”. The Defendant has no intention of using the words “FRUITI”. It has already corrected this on its website.(c) The Defendant agrees and undertakes to remove all the advertising and promotional material, viz., danglers, etc. containing the word “FRUITI” from the market within a period of six months from today. Mr. Parag Bangali on behalf of the Defendants is personally present in Court. This statement is accepted as an undertaking to the Court.(d) The Defendant also agrees and undertakes that it will hereafter not use the words “FRUITI” in respect of any of its advertising or promotional material in relation to its goods/products. This statement is also accepted as an undertaking to the Court.2. The parties agree that the Suit can be disposed of in these terms. The Suit is disposed of accordingly with no order as to costs. Refund of Court fees, if any, as per Rules.
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901-NMCDL3-16.DOC
3. In view of this, nothing survives in the Notice of Motion and it is disposed of accordingly.
4. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 3 of 3
13th June 2016
Parle Agro Private Limited
Bisleri International Private Limited
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court