Disposed

Sumeet Appliances Pvt. Ltd. v. Dilip Kumar Jain and Sumeet Engineering Works

Bombay HC17 Jun 2016NMS/1516/2014

Case brief

AI extract

What is this about?

Noting Defendants' statement that their website was taken down, offending marks are no longer used, and distributors are informed, the court accepted these statements as undertakings and disposed of the notice of motion.

What did the court decide?

Noting the undertaking to cease use of marks and inform distributors, the Notice of Motion is disposed of with no order as to costs.

Sumeet Appliances Pvt. Ltd. Vs Dilip Kumar Jain and… — Intellectual Property | Bombay HC (2016)

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916-NMS1516-14.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1516 OF 2014

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IN

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SUIT NO. 1184 OF 2011

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Sumeet Appliances Private Limited…Plaintiff
Versus

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Dilip Kumar Jain & Sumeet Engineering Works…Defendants

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Mr. Vinod Bhagat , with Mr. Dhiren K., i/b G.S. Hegde & V.A. Bhagat, for the Plaintiff.

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Ms. Pooja Kshirsagar, with Ms. Cheryl Fernandes & M. Prashant,
i/b ALMT Legal, for the Defendants.

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CORAM:G.S. PATEL, J
DATED:17th June 2016

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PC:-

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1.On instructions from Mr. Dilip Kumar Jain, who is personally
present in Court, Ms. Kshirsagar makes the following statements:

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(a) That the Defendants’ website under the domain name www.misumeet.co.in has been taken down and is no longer accessible;

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(b) The Defendants also confirm that they are is not using the marks MI SUMEET, SUMEET or SUMEET

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Page 1 of 3

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17th June 2016

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916-NMS1516-14.DOC

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SASSAKI or any other marks confusingly and
deceptively similar to the Plaintiff’s mark in respect of
any of the kitchenware, domestic appliances and home
appliances products covered by the previous orders of
injunction;

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(c) The Defendants also agree and undertake not to use any of these marks in relation to such products unless expressly permitted by an order of a Court;

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(d) Ms. Kshirsagar also states that the mark SUMEET is not being used on the Defendants’ website.

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(e) Lastly, she states that all the Defendants’ distributors, stockists and dealers have also been informed accordingly and that none of them are or will hereinafter carry any products bearing any of the offending mark.

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(f) Ms. Kshirsagar also states that the Defendants are not manufacturing any items with the offending mark.

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2. These statements are sufficient. They are accepted as undertakings to the Court.

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3.Ms. Kshirsagar states that it is possible that there may be
some old unsold inventory with the Defendants’ stockists. The
Defendants have already, by a circular, a copy of which is annexed to

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Page 2 of 3
17th June 2016

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916-NMS1516-14.DOC

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the Affidavit in Reply, informed all distributors, stockists, retailers
and dealers of the restraint order passed by this Court. The
Defendants should not be held responsible if any stockists or
retailers proceed to get rid of of unsold inventory.

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4.It is clarified that the Defendants are not to be held
responsible for sales by any retailer or stockist of any unsold
inventory. This is noted since the Defendants have undertaken to
this Court that they are no supplying any offending goods to their
distributors, stockists or dealers.

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5.The Notice of Motion is disposed of in these terms with no
order as to costs.

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(G. S. PATEL, J.)

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Page 3 of 3
17th June 2016

Sumeet Appliances Pvt. Ltd. v. Dilip Kumar Jain and Sumeet Engineering Works

Case brief

What is this about?

What did the court decide?

Sumeet Appliances Pvt. Ltd. v. Dilip Kumar Jain and Sumeet Engineering Works

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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