Defendants submitted to the decree and agreed to withdraw their trademark applications within four weeks. Court decreed the suit in terms of prayer. Notice of Motion disposed of as infructuous.
Suit decreed; Defendants to withdraw trademark applications within four weeks.
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288-S367-16+.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 367 OF 2016
WITH
NOTICE OF MOTION (L) NO. 2670 OF 2015
Shirley May International FZE (Saif Zone)…Plaintiffs
Versus
Swiss Arabian Perfumes & Another…Defendants
Mr. Viral Rathod, i/b Ms. Sangeeta Yadav, for the Plaintiffs.
Mr. Amir Kukreja, for Defendants Nos. 1 and 2.
CORAM: G.S. PATEL, J DATED: 4th October 2016
PC:-
1.The Defendants are represented. They submit to a decree in
terms of prayer clauses (a), (b) and (d) of the Suit. In addition, the
Defendants agreed to withdraw all applications made by them for
registration of the “Swiss Arabian” Trade Marks irrespective of
class and type of mark. These applications will be made before the
Registrar within four weeks from today with notice to the Advocates
for the Plaintiffs.
2.The Suit is decreed in these terms. Refund of court fee, if
any, in accordance with the Rules.
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4th October 2016
288-S367-16+.DOC
3.In view of this, the Notice of Motion does not survive and is
disposed of as infructuous.
4.Drawn up order/decree dispensed with. However, should the
parties require such a drawn up order/decree, it will be drawn in
accordance with this order and the parties will be entitled to apply
for the same without being required to make a fresh application to
the Court and on production of an authenticated copy of this order.
(G. S. PATEL, J.)
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4th October 2016
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court