Pride Electronics and Anr. v. Price Electronic/Price Electronics and Anr.

Bombay HC16 Mar 2017S/234/2017

Case brief

AI extract

What is this about?

Defendants entered into consent terms acknowledging Plaintiffs' trademark and copyright rights. Defendants agreed to cease using the 'PRICE' mark, withdraw pending trademark applications, use 'PERFECT' on seized goods, and relocate their business premises, subject to a penalty for breach.

What did the court decide?

Defendants restrained from using 'PRICE' mark, directed to withdraw trademark applications pending and use 'PERFECT' label; business relocation ordered.

Pride Electronics and Anr. Vs Price Electronic/Price… — Intellectual Property | Bombay HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT (L) NO. 104 OF 2017

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Pride Electronics & ) 2) Pride Lighting Private Limited ) ........ Plaintiffs Vs 1) Price Electronic/Price Electronics ) 2} Parshuram Devkule } ......... Defendants

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CONSENT TERMS

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The Plaintiffs abovenamed have filed the present suit against the Defendants abovenamed praying for reliefs on infringement of their registered trade mark PRIDE and their registered Copyright in the original artistic label of PRIDE and for passing off the goods viz. LED lighting panels, lighting equipments, lighting products, accessories, parts and fittings thereof and other like goods by the Defendants by use of the deceptively similar offending mark PRICE represented under a pirated artwork and for other reliefs as more particularly mentioned in the plaint.

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The Defendants, hereby acknowledge the proprietary rights of the Plaintiffs in their distinctive and famous trade mark and in the original artistic label of PRIDE, being used by the Plaintiffs in relation to their aforementioned goods as more particularly mentioned in the plaint.

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The Defendants agree and undertake that they shall not hereafter use the offending mark and the artistic work of PRICE by itself or in combination with any other prefix/suffix and further undertake not to hereafter use any trade mark or artwork which is identical with or is deceptively/substantially similar to the Plaintiff's trade mark and artwork in relation to any goods/services.

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The Defendants accordingly submit to a Decree in favour of the Plaintiff in terms of prayers (a) to (c) and (e) of the plaint, which reads as under:

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a. the Defendants by themselves, their proprietor, heirs, servants, agents, distributors, stockists, dealers, assignees and all those connected with the Defendants in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, selling and^/ or using in any manner whatsoever in relation to their LED lighting panels, lighting equipments, lighting products, accessories, parts and fittings thereof or in relation to other like goods used in the lighting industry, the impugned mark PRICE and^/ or the impugned trading name bearing the word PRICE or any mark or name identical with or deceptively similar to the Plaintiff's trade mark PRIDE, so as to infringe .upon the Plaintiff's said trade mark PRIDE registered under Nos. 1175882 and, 1175883 in classes 11 and class 09 respectively;

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b. the Defendants by themselves, their proprietor, heirs, servants, agents, distributors, stockists, dealers, assignees and all those connected with the Defendants in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to their LED lighting panels, lighting equipments, lighting products, accessories, parts and fittings thereof or in relation to other like goods used in the lighting

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industry, the impugned pirated work of PRICE which is identical/strikingly/substantially similar to the Plaintiff's original artistic depiction of PRIDE, so as to infringe upon the Plaintiff's copyright registered under vide registration No. A-113312^/ 2015 dated 10.03.2015;

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c. the Defendants by themselves, their proprietor, heirs, servants, agents, distributors, stockists, dealers, assignees and all those connected with the Defendants in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, selling and^/ or using in any manner whatsoever in relation to their LED lighting panels, lighting equipments, lighting products, accessories, parts and fittings thereof or in relation to other like goods used in the lighting industry, the impugned mark PRICE and the impugned trading name bearing the word PRICE or any mark or name identical with and^/ or deceptively similar to the Plaintiff's distinctive and prior used trade mark PRIDE, so as to pass off the Defendant's business and goods as and for those of the Plaintiffs or in some way connected or associated therewith;

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e. the Defendant No. 1 be ordered by a decree of mandatory injunction passed by this Hon'ble Court directing it to withdraw the registration of the applications made for registration of the impugned mark PRICE under Nos. 3328964 and 3328965 in class 11 and class 09 respectively and/or any other application^/ s for any other mark/s which are identical

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with or are deceptively similar to the Plaintiff's trade mark PRIDE;

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The Defendants undertake to withdraw their applications and registration as mentioned in prayer clause (e) above and all other applications for the trade mark PRICE or any mark deceptively similar thereto filed/registered in any class of goods or services. Such withdrawals would be undertaken by the Defendants within a period of 2 weeks from the date of executing these terms. The Defendants shall simultaneously forward copies of such letters seeking withdrawal of their applications duly acknowledged by the Trade Marks Registry, to the Plaintiffs or their Advocates.

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The Defendants agree and undertake that they shall henceforth V LTf LE-� LIC,HJIN C;

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�^.l XZ ,^{�use the mark PERFECT" in a label, a colour copy of which is hereto}

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V annexed and marked as EXHIBIT A. The Plaintiffs have no objection to the use of the said label.

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As part of the settlement, the Defendants undertake and agree

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� ,,

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V^{�Xi' that they shall stop conducting} •^{th�:Sfrom thei� Ghanshyam �} äǁ^e' I Industrial Estate address viz. B/20, 1^st Floor, Ghanshyam Industrial Estate, Andheri (West), Mumbai - 400 053. The Defendants undertake that they shall accordingly relocate themselves to some other address not within the said Ghanshyam Industrial Estate premises. Such relocation shall be undertaken by the Defendants within 3 months of executing this Consent Terms i.e. on or before 15.06.2017.

¶22

In view of the above settlement, the Plaintiffs agree to hand over possession of the goods seized by the Court Receiver to the Defendants provided the Defendants destroy the carton packing and other packaging bearing the impugned mark & artwork of PRICE and also deface/remove the infringing mark and the pirated artwork of PRICE from such seized goods. Such acts of destruction of the carton

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packings and defacing/removal of the label shall be undertaken within 4 weeks by the Defendants at their own costs, in the presence of and to the complete satisfaction of the Plaintiff's representatives, and not otherwise. The said unbranded goods would then be handed over to the Defendants. The Defendants agree that whilst selling such goods in the market, they shall use the label as appended at Exhibit A hereinabove and not otherwise.

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lncase the Defendants are found to violate the above terms, then the Defendants would be guilty of contempt of this Hon'ble Court's order and shall be liable to pay an amount of Rs. 1 crore as and by way of damages to the Plaintiffs. This would be in addition to all other legal remedies which the Plaintiffs would then be legally entitled to institute against the Defendants.

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10. Refund of Court Fees to the Plaintiff as per Rules.

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No order as to costs.

¶27

¶28

This Ëday of March 2017.

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Sairaj P. Devkule Proprietor of the Defendant No. 1

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Naresh Jiandani. (Proprietor of Plaintiff No. 1 and the Director of the Plaintiff No. 2}

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Parskule Defendant No. 2

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Advocates for the Plaintiffs.

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IN THE HIGH COURT OF JUDICATURE

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ATBOMBAY

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0.0.C.J.

¶36

SUIT NO (L). 104 OF 2017.

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Pride Electronics & Anr.

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. .... Plaintif

¶39

Versus

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Price Electronics & Anr. . . . . Defendant.

¶41

CONSENT TERMS

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-� Dated this fË day of March 201 7.

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G. S. Hegde and V.A.Bhagat. Advocates for the Plaintif 132/1, Shaheen Apartments, Mody Street, Fort, Mumbai - 400 001.

¶44

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¶45

EnergySaver

¶46

Perfect Volte LED Lighting , Sai Niwas , Andheri CM), Mumbai - 400058 . Customer Care No.: Perfect Premium Panel email:perfectvo1te786@gm ail.com Mob .: 98206048 01 Mfg. Date : Printed on Product ea M.R.P. Per Unit : (Incl.of al laxes) ISO CERTIFIED COMPANY 12Watts = t 699/~NEL 15Watts = t 799/-

¶47

PANEL

¶48

Perfect Premium Panel (tJII

¶49

ISO CERTIFIED COMPANY

¶50

Products Description Item: 12W / 15W l ed Flat SMD 2835 Panel light Rated Wattage 1 'lW / 1 SW Frequency SOHZ luminous Aux 80-100 lrn/w Working Voltage 90-300 v. Operating Temperature 10'C to SO'C Material Aluminium CRI >80 Power Factor 0.9

¶51

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Pride Electronics and Anr. v. Price Electronic/Price Electronics and Anr.

Case brief

What is this about?

What did the court decide?

Pride Electronics and Anr. v. Price Electronic/Price Electronics and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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