Respondent appeared personally and submitted to a decree dismissing the suit. The suit was disposed of accordingly.
Decree dismissed; suit disposed of; court receiver discharged without passing accounts but liable for costs.
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HLL V Shree Goverdhan Soap Factory Ltd.
902-sl455-16+.doc
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 455 OF 2016
WITH
NOTICE OF MOTION NO. 1418 OF 2016
Hindustan Unilever Limited…Petitioner
Versus
Shree Goverdhan Soap Factory …Respondent
Mr. Ashutosh Kane, with Ms. Akshata Kamath, i/b W.S. Kane &
Co., for the Petitioner.
Mr. Nirav Bahulbhai Thakkar, Proprietor of Shree Goverdhan Soap
Factory is present.
Mr. V.S. Panandikar, Section Officer, High Court, Bombay,
representative of the Court Receiver, is present.
CORAM: G.S. PATEL, J DATED: 9th June 2016
PC:-
1.Mr. Nirav Bakulbhai Thakkar, Proprietor of the Defendant is
personally present in Court. He submits to a decree in terms of
prayer clauses (a), (b) and (d), which read as follows:
“(a)the Defendant by itself, its proprietors, partners,
directors, servants, employees, agents, dealers,
distributors and all persons claiming under it be
restrained by an order and perpetual injunction of this
Hon’ble Court from infringing the Plaintiff’s copyright in
the artistic work comprised in the said artistic
packaging/trade dress shown at Exhibit “B” hereto by
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reproducing, printing, publishing, using and/or
communicating to the public the impugned packaging/
trade dress at Exhibit “H” hereto or any other work
which is a reproduction of the artistic work comprised
in Plaintiff’s said artistic packaging/ trade dress shown
at Exhibit “B” hereto or substantial part thereof or in
any other manner whatsoever;
(b) the Defendant by itself, its proprietors, partners,
directors, servants, employees, agents, dealers,
distributors and all persons claiming under it be
restrained by an order and perpetual injunction of this
Hon’ble Court from manufacturing, packaging, selling,
exhibiting for sale, advertising, printing or otherwise
dealing in detergent powder in the impugned
packaging/ under the impugned trade dress shown at
Exhibit “H” hereto or any other packaging/ trade dress
deceptively similar to the Plaintiff’s said well-known
artistic packaging/trade dress shown at Exhibit “B”
hereto so as to pass off or enable others to pass off
the Defendant's detergent powder as and for the
Plaintiff’s well-known detergent powder or in any other
manner whatsoever;
(d)that the Defendant be ordered and decreed to
deliver up to the Plaintiff for destruction the impugned
goods, labels, wrappers, dies, blocks, packing material
and things bearing the impugned packaging/ trade
dress shown at Exhibit “H” hereto and/or any other
packaging/trade dress which is a substantial
reproduction of and/or closely and deceptively similar
to the Plaintiff’s said artistic packaging/trade dress at
Exhibit “B” hereto;
2.For the purpose of prayer clause (d), the necessary
destruction of the offending material will be carried out within a
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period of one month from today. The destruction of goods will be in
the presence of the representatives of the Plaintiff. In view thereof,
Mr. Kane does not press his prayer for damages.
3.The Suit is disposed of in these terms. Drawn up decree
dispensed with. Refund of court fee, if any, in accordance with the
Rules.
4.The Court Receiver to stand discharged without passing
accounts but subject to payment of his costs, charges and expenses.
5.In view of disposal of the Suit, the Notice of Motion is
infructuous and is disposed of accordingly.
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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Hindustan Unilever Limited
Shree Goverdhan Soap Factory
G.S. PATEL
As recorded by the court registry
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