Disposed

Shalimar Pack v. Bhavesh Plastic Industries

Bombay HC12 Dec 2022COMIP/179/2022

Case brief

AI extract

What is this about?

The Bombay High Court recorded Consent Terms between Shalimar Packaging and Bhavesh Packaging. Defendant acknowledged infringement of Plaintiff's registered copyrights, agreed to undertake perpetual injunctions against using similar artistic works/devices, and committed to destroying infringing goods.

What did the court decide?

Consent Terms recorded: Perpetual injunction granted against infringement; Defendant to destroy infringing goods in 30 days; Plaintiff does not press for damages.

Shalimar Pack Vs Bhavesh Plastic Industries — Intellectual Property | Bombay HC (2022)

¶1

IN TTM HIGH COTIRT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION -IN

¶2

COMMERCTAL rp StnT rNO. .17 7 OF ZLZL Shalimar pack ) A parbrership Firm registered under the ) provisions of partnership Act,1932, having ) its registered office at Unit No. 1 andl, ) 4th Floor, Trade World, B- Wing, ) Kamla Mill Compound, ) Senapati Bapat M*g, Lower parel, ) Mumbai- 40001 3, Maharashtra, India ) Through its partner and power of ) Attomey Holder Mr. Vijaykumar Saraogi Versus Bhavesh Packaging + I ;""t-: \ - c--].t, having its address ataddress at .o<sup>' <; RMC-4 l, Hindustan l, Hindustan Hindustan Naka. W NM Charkop, Kandivali (West), Mumbai 400 067)Kandivali (West), Mumbai 400 067)(West), Mumbai 400 067)Mumbai 400 067)400 067)067) .De

¶3

Bhavesh Packaging having its address ataddress at

¶4

RMC-4 l, Hindustan l, Hindustan Hindustan Naka.

¶5

Charkop, Kandivali (West), Mumbai 400 067)Kandivali (West), Mumbai 400 067)(West), Mumbai 400 067)Mumbai 400 067)400 067)067)

¶6

CONSENT TERMS

¶7

Plaintiff and Defendant have amicabry settled the dispute in the above suit and have arrived at the following terms:

¶8

Ofr^t'(2,,r

¶9

Defendant hereby discroses to the plaintiff that the name of the Defendant is Bhavesh packaging instead of Bhavesh^plastic Industries as mentioned in the cause title of the suit, when filed. Therefore, Defendant voluntarily accepts that the Defendant is the same entrty and hereby allows the plaintiff to carryout the necessary amendments to the present suit proceedings to bring on record the true and correct name of the Defendant. Defendant hereby arso confirms and undertake not to object to the plaintiff to make appropriate application to this Hon'bre court and carrv out necessary amendments thereto.

¶10

2' Defendant acknowledges and admits the ownership and rights of the plaintiff in the praintiffs registered copyright bearing registration nos. A-s34sg / 1996, A- 136968/202r, A-r37BrB/2021, 4-138024 /2021 and

¶11

also infringement of plaintiffs copyright in the artistic

¶12

work of Semi-Circular device which is forming essentiar and memorable part of praintiff s many products sold by the plaintiff and/or its licensees or sister concern under the permission of the praintiff in the market and which is forming essential part of

¶13

Ot^iP"r

¶14

PlaintifPs registered copyright bearing Nos. A-5 34sg / 1996, 4_136968 /2021, 4-1378 t8/2021, A- 138024/2021, A_139012/2021, A_137g4g/2021, A- 136969/2021 registered under the Cpoyright Act, Ig57 as mentioned in Exhibits "A" to ,oA-7,, to the plaint.

¶15

3' Defendant acknowredges and admits that plaintiff is entitled to use the said artistic works bearing registration nos. A-53 45g / 1996, 4-13696g /2021. A- 137818/2021, A-13g024/202r and also infringement of Plaintiffs Copyright in rhe arristic work of Semi_

¶16

Circular device

¶17

which is forming

¶18

essential and memorable part of plaintiffs many products sold by the plaintiff andlor its licensees or sister concern under the permission of the plaintiff in the market and which is forming essential part of PlaintifPs registered copyright bearing Nos. A-5 3459 / 1996, 4-136968 /2021, A_r378r8/2021, A- 138024/202r, A-r3g0l2/2}2r, 4,-1378 4g/202r, A- 136969/202r exclusively. Defendant further admits and acknowledges that the plaintiff is the sore owner of the said artistic works and Defendant shall not claim any rights in any m.ulner whatsoever.

¶19

Dtr^,p",.T 4,$>l.Kr,;::.:$)

¶20

{ o,.ut Tl,.^t.,tto lO q<sup>?-*.!t11I lf , O\ E-'$i1]rrrr?A //,,:

¶21

4' Defendant submits and acknowledges all the claims made by plaintiff in the praint and have accordingly agreed to suffer a decree on admission in terms of prayer clauses (a), (b) and (c) of the plaint. Defendant specifically submits to the following decree:

¶22

a) that Defendant by itself, through its proprietor, directors, its agents, servants, stockists, dealers and/or distributors, partners, exporters, assignees or otherwise howsoever, be restrained by order of perpetual injunction of this Hon,ble Court from infringing the plaintiffls Copyright/s as shown in Exhibits ,A_1,, and/or Exhibit .A, and/or Exhibits^, A2, to , A-4, hereto, by using

¶23

the impugned packaging /artistic work as shown in Exhibit^,D' hereto andlor deceptively similar artistic work, so as to infringe the copyright/s of the Plaintiff, in any manner whatsoever:

¶24

b) that Defendant by itsel{ through its proprietor, directors, its agents, servants, stockists, dealers and/ or distributors, partners, exporters, assi gnees or otherwise howsoever, be restrained by order of peqpetual injunction of this Hon,ble Court from infringing the plaintiffs Copyright/s as shown in Exhibit,A, to ,A_7, hereto, by using

¶25

St"'iPns

¶26

.1"

¶27

the impugned semi_circular device comprising of the words onew VERSATILE ECONOMICAL' and/or any other deceptively similar artistic work, so as to infringe the copyright/s of the ptaintiff in the semi_circular device comprising of the words ,new VERSATILE ECONOMICAL, as shown in Exhibits^,A, to^,A_7, hereto in any manner whatsoever;

¶28

c) that Defendant by itsel{ through its proprietor, directors, its agents, servants, stockists, dealers and/ or distributors, partners, exporters, assignees or otherwise howsoever, be restrained by an order of peqpetuar injunction of this Hon,ble Court from manufacturing and/or trading and/or otherwise dealing in the products bearing the impugned packaging /artistic work as shown in Exhibit^,D' hereto and/or any deceptively similar artistic work and/or any device or artistic work which is deceptively similar to the Plaintiffs semi-circular device as shown in Exhibit^.A' to^,A_7, hereto, so as to pass off or enable others to pass off the Defendant,s goods as and for that of the plaintiffs goods or i other manner whatsoever:

¶29

,$g[P* r

¶30

r* ,^XS SINGH*\ oI \ty'4 ot "'ii;:ff;'::i,,?'., )I

¶31

5' As regards prayer crause (e) of the praint pertaining to delivery up for destruction of the impugned goods, Defendant undertakes that Defendant sharl destroy all the goods finished, urrfinished, articles, dies, moulds, plates, bags, sachets, labels, cartons, tubes, strips, adverting mateial, packing material, blocks, stickers, other literature and things bearing the impunged artistic work as shown in Exhibi t "D,, to the plaint or any other packaging that is deceptively similar to the Plaintiffs artistic works as mentioned in Exhibit 0,A,, to'04-7" to the plaint within a period of 30 days from the date of execution of consent rcrms,

¶32

6' Defendant undertakes and decrare that in future Defendant neither use nor make any application for registration of the artistic work which is deceptivel;r similar to the piaintifps artistic works as mentioned in Exhibits^.,A" to^,oA_7, to the plaint.

¶33

7 ' In view of the above and considering the entire understanding between the parties to the suit, praintiff do not press for damages as prayed in prayer clause (d) of the^plaint.

¶34

ryv'

¶35

8' Defendant admits that Defendant has understood the contents of the Consent Terms through their Advocates. Defendant further states that after understanding of each and every clause / covenant / undertaking Defendant has signed and executed this Consent Terms.

¶36

9' Parties further agree and undertake that the present consent Terms are binding on them, their associates, affiliates, assignees, partners and successors in interest or titre as the case may be or any individual or entitv acting under or in concern with it.

¶37

10.All the signatories to this consent Terms state that they have the authorify to settre this suit amicabry on behalf of the parties to the suit. Their respective authorities are annexed to the Consent Terms.

¶38

ll'on behalf of plaintiff the consent Terms are signed by one IvIr. vijaykumar saraogi, who is parhrer and Power of Attomey horder of the praintiff and on behalf of Defendant, the Consent Terms are signed by one Mr. Dhiraj Hafyani - of the

¶39

Defendant. Hereto annexed and marked as Annexure "A" is a copy of Power of Attorney in favour of IW.

eD $P,r/*V

1l,:',-?,jnot*

Vijaykumar Saraogi to sign the Consent Terms on behalf of plaintiff. qf. I 2022) "';Jflt'rw Plaee :- Mumbai For, Shalimar pack

¶44

t'Y rl'.KW](Vijaykumar Saraogi) Parhrer and power ofAttorney Holder of plainttiff

¶45

For, Bhavesh packaging '-{)'\4\v'.'L)<sup>' A .a

¶46

Mr. Dhiraj Haryani

¶47

Otrifur W ShekliarBhagat Advocates for the plaintifffor the plaintiffthe plaintiffplaintiff

¶48

Chandrakant Sakpal Advocates for the plaintifffor the plaintiffthe plaintiffplaintiff Advocates for the Defendant ;D³ '4r :lJJ'.,l,i'i:fu rc;l oI ,.'x:,li*t;tit"^s>t/+i r{g@ 't\ /. / Gouernrnent of India \ 6Ht' loY Greater I'Iurnbai^{Digt' t} f 'Y Lr^.+.R A rFA.ar NOTeD $' REGISI eRED

¶49

sr. Nc...I9"}thr1 i,ip..,Hf ..".

¶50

.^{q€RTq MAHARASHT'RA}

¶51

o 202t O

¶52

BH 934125 uerra^grbwrul6q, {id€ v.q.R,m roos.o9g

¶53

¶54

POWER OF ATTORNEY

¶55

we' SHALTMAR pAcK, a partnership firm registered under the provisions of partnership Act, 1gg2, having registered offi.ce at unit Nos' 1 aqd 2, 4th Froor, Trade world, B-wing, Kamala M'is compound' senapati Bapat Mg, Lower parel, Mumbai-4oo 013, herebv authorize shri vijayryJ"f€:aogi & shri Rohit saraogi:

¶56

!J - -'.
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H€+'jffi

¶57

(4 to sign' affirm, execute, swear, declare, submit and file on soiemn affirmation, applications, plaints, compiaints, written replies, affidavits, deciarations, rejoinders, ::::il:",", cn applications, pleadings and writings of whatsoever nature and to prefer, against any order or decree passed in any proceeding, appeal, review, revision, and other allied ancillaries acts and for the said purpose instifute legal proceedings in appropriate Courts of law.

¶58

(ii) to appoint, advocates, attorneys, counsels on behalf firm and we rati$r all the acts done by these peopie. {ii4 to appiy to courts seeking interim and ad_interim reliefs as may be necessafy and to make and file appropriate pleadings for the same.

¶59

(ir') to serve on allegation concerned through appropriate persons or bailiffs of Courts and a_1so to accept senrice on the writ of summons, notices and ot-he.v r procesyruUCS ses and orders issued by the Courts.

¶60

{v) to prefer appeals, revisions and reviews against any order, judgment or decree passed by any court and for the same to file on solemn affirmation, the memos of appeal, review and revision in the courts having jurisdiction to entertain the same.

¶61

{vi) to appear in civil and r or criminal proceedings includ.ing writ petitions, injunctions, money recovery claims, summary suits' actions against bouncing of cheques or any other matter whatsoever, to be instate d by / against the company. (vi4 to appear at the time of verificatio' or Iry comptaint / suit before any court and sign the same on solemn aJfirmation. (viiil to lead evidence, both oral and documentary, in any judiciar or quasi-judicia-l proceedings, to produce or. .".r"" ,o be :::t:* necessary documents pertaining to the proceedings ano to examine such witnesses as,may be found necessary and as may be directed by any Court.

(ix)

(x)

(xi)

to make necessary applications as may be expedient for obtaining necessary orders and reliefs from Courts and to appear at the time of hearing of the same. ro appear in matters connected with registration of rrade Marks' opposition / rectification proceedings, renewars of registrations, amendments, modifications, notices, communications thereto change in constitution or address and all 0ther proceedings under the Trade Marks Act, lggg uourt.:::""".tment thereof in the Trade Mark Registry and any

¶66

in the event of settlement of itny proceedings with the opposite party /Defendant / accused to make necessary application to the court for tree purposes of obtaining its permission for recording the settlement and withdrawar of the proceeding/s and to enter into a'd execute consent terms / agreements of settrement as may be found necessary.

¶67

Dated this _."1gJ"::*t3l 2021

¶68

For, Shalimar pack

¶69

ParLner's 1) Shri Vijaykumar Saraogi.

¶70

Shri Jagatprakash Saraogi.

¶71

'd,YY^t -

¶72

fger5ry

¶73

Shri Rohit Saraogi.

¶74

Shri Rahul Saroagi.

¶75

BNF

¶76

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Shalimar Pack v. Bhavesh Plastic Industries

Case brief

What is this about?

What did the court decide?

Shalimar Pack v. Bhavesh Plastic Industries

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Case details

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