Disposed

Asian Paints Ltd. v. a One Paints and Chemical

Bombay HC2 Mar 2023COMIP/527/2022

Case brief

AI extract

What is this about?

In Commercial IP Suit No. 527 of 2022, the court recorded consent terms wherein the defendant admitted infringement of the plaintiff's trade mark APEX, undertook perpetual injunctions, and agreed to pay Rs. 1,00,000 as damages.

What did the court decide?

Perpetual injunction restrained against manufacture and sale of infringing goods; delivery up of materials for destruction; payment of Rs. 1,00,000 damages and Rupees One Crore as security for contemp

Asian Paints Ltd. Vs a One Paints and Chemical — Intellectual Property | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL 1)1 VISION COMM. IP SUIT NO. 527 of 2022

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Asian Paints Limited Plaintiff ) Vs A One Paints and Chemical ) Defendant

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CONSENT TERMS

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I. The Plaintiff abovenamed has filed the present suit against the Defendant abovetiarned praying. inter alia for reliefs relating to infringement of its registered trade mark APEX, for passing off the goods viz, emulsion, paints and other like goods used in the paint industry, by the Defendant, by use of the impugned identical mark APEX-5 and for other reliefs, as more particularly mentioned in the plaint.

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The Defendant hereby acknowledges the proprietary rights of the Plaintiff in its trade mark APEX which is being used in relation to its aforementioned goods and as more particularly mentioned in the plaint.

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The Defendant agrees arid undertakes that it shall not hereafter use the impugned mark APEX-5 or any other mark

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which is identical with andlor deceptively similar to the Plaintiff's trade mark APEX.

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The Defendant accordingly submits to a Decree in favour of the Plaintiff in terms of prayers (a), (b) and (c) of the plaint, which reads as under :-

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a. the Defendant by themselves, their proprietor/partners, servants, agents, stockists, assignees and all those connected with the. Defendant in their business be restrained by an order and perpetual injunction of this Hon'ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to their emulsion, paints and any other like goods used in the paint industry, the impugned mark APEX-5 or any mark identical with and/or deceptively similar to the Plaintiff's trade mark APEX, so as to infringe upon the Plaintiff's said trade mark APEX registered under Nos. 857108, 1502650, 2130509, 2130512, 3228767, 3692138, 3852908, 4586633, 4930048, 4930049, 4930050 all in class 02, amongst others;

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b. the Defendant by themselves, their proprietor/partners, servants, agents, stockists, assignees and afl those connected with them in their business be restrained by an order and perpetual injunction of this Hon'ble Court from manufacturing, marketing, selling and/o using in any manner whatsoever in relation to their

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emulsion, paints and any other like goods used in the paint industry, the impugned mark APEX-5 or any mark identical with and/or deceptively similar to the Plainti IFs distinctive and prior used trade mark APEX, so as to pass off the Defendant's business and goods as and for those of the Plaintiff or in some way connected or associated therewith;

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c. the Defendant be ordered and decreed to deliver-up to the Plaintiff for destruction all such materials including emulsion, paints and other like goods used in the paint industry including containers, shade cards, poi bags, pouches, labels, stickers, advertising and packaging materials, dyes, screens, blocks, moulds, papers, vouchers, bill books, carry bags, and other goods bearing the impugned mark APEX-5 as complained off;

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As regards prayer clause (c) above, the Defendant undertakes to deface the goods bearing the impugned mark APEX-5 as seized by the Additional Special Receiver. The unbranded containers/buckets alongwith the contents thereof would then be duly returned to the Defendant for future use under different trade mark. The Defendant further agrees to destroy all such materials including shade cards, poly bags, pouches, labels, stickers, advertising and packaging materials, dyes, screens, blocks, moulds, papers, vouchers, bill books, carry bags bearing the impugned mark APEX-5. The aforesaid destruction is agreed by the parties to be undertaken in the p-esence of the Plaintiff's

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representative and within a period of 2 weeks from the date of execution of this consent terms. During the course of said destruction of infringing goods, the parties herein agree that the raw material and the manufacturing machines seized by the Additional Court Receiver as mentioned in his report dated 28 July 2022 shall stand released' and be handed over to the Defendant.

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As regards the Plaintiffs claim of damages mentioned in prayer clause (d) of the plaint, the Defendant hereby pays an amount of Rs. 1,00,000/- (Rupees One Lakh Only) in favour of the Plaintiff, i.e. Asian Paints Limited. The Parties have agreed that the said amount of Rs. 1,00,000/- (Rupees One Lakh Only) is the full and final amount that the Dufendant is liable to pay as far as the Plaintiffs claim for damages is concerned. The Defendant has paid the said amount vide NEFT to the bank account of the Plaintiff, being bank account no. I 1083986447 maintained with State Bank of India, Ballard Estate Branch, Mumbai. The Plaintiff acknowledges the receipt of the said amount of Rs. 1,00,000/- (Rupees One Lkh only.

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In case the Defendant is found to ' iolate the above terms in respect of the Plaintiffs trademark A PEX, then the Defendant would be guilty of contempt of this I-lon'b!e Court's order and shall be liable to pay an amount of Rupees One Crore as and by way of damages to the Plaintiff. This would be in addition to all

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other legal remedies which the Plaintiff would then be legally entitled to institute against the Defendant abovenamed.

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Copy of the Power of Attorney in favour of Mr. ASlManager Legal and Constituted Attorney for the Plaintiff and a copy of the identity proof viz. Aaclhar Card of Mr. Manoj Kurnar Gupta, partner of the Defendant abovenamed, are appended herewith as ANN 1'XURES A and B respectively.

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Dated this day of 2023.

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(s.Manager Legal and Constituted Attorney of the Plaintiff)

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Manoj Kumar Gupta (Partner of Defendant)

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Advôfoi the Plaintiff. Fo-i')P^_cLL_*

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Advocates for the Defendant. T Fe+

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POWER OF ATTORNEY

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TO ALL TO WHOM THESE PRESENTS SHALL COME, I, R J Jeyamurugan, presently working as Chief Financial Officer and Company Secretary for Asian Faints Limited, a Company registered under the provisions of the Indian Companies Act, 1913, and governed by the provisions of the Companies Act, 2013, having its Registered Office at 6 A Shantinagar, Santacruz (East), Mumbai 400055 (hereinafter referred to as the Company) SEND GREETINGS:

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WHEREAS I am the duly constituted Attorney of the Company by virtue of the Power of Attorney dated February, 16th 2022 and as such as per Clause 21 of the said Power of Attorney, I am empowere,i to sub-delegate any or all of any powers delegated to me, to one or more Executives of the Company.

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NOW KNOW TO ALL THAT I, R J Jeyamurugan, presently working as Chief Financial Officer and Company Secretary, am desirous of appointing some fit and proper person to act as an Attorney for and on behalf of the Company and I do hereby nominate, constitute and appoint Mr. Sagar Patwardhan, Asst. Manager, Legal to act in the name and on behalf of the Company and to lawfully do and execute all or any of the following acts, deeds, matters and things in respect of the aforesaid branch of the Company that is to say :-

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To demand from all such party/parties the amount due and payable to the Company and for that purpose to engage lawyers, pleaders, solicitors, send notice, verify and sign plaints, vakalatnamas, affidavits, petitions, writs, revisions and applications of all kinds and to file them in any Court or Office of Law.

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To file and defend any suit and for that purpose to engage lawyers, pleaders, send notice, verify and sign written statements, affidavits, petitiOns,. writs, revisions, consent terms and application of all kinds and to file them in any Court or Office of Law.

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To file criminal complaints to the Magistrate or to Police Authorities and/or to file civil suits and to initiate and follow up legal proceedings in any Court or before any authority against any person and to do all acts, deeds and things necessary or incidental for the protection of Company's Trade Marks and/or Copy Rights and in respect of similar offences against the Company.

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To hear any suit or proceedings, appeal or inquiry relating to any of the matter relating to the Company or in which the Company may be interested and to accept service of any writs of summons, notice, Rule or other process and to appear for the Company and on behalf of the Company before all judicial or Public Officers or Authorities as the Attorney shall think proper and to give evidence and/or to produce evidence oral or documentary as the Attorney may deem think fit.

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PROVIDED ALSO that this Power of Attorney shall ipso facto stand terminated if the said Attorney resigns from the Company's employment or on his ceasing to be in such employment or on his leaving such employment or on his transfer by the Company from the present place of employment for any reason whatsoever.

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PROVIDED that the said Attorney shall keep the Company informed, in writing, o . acts, deeds or things done by him by virtue of these presents. ', ( C') - C_ THE COMPANY do hereby agree to ratify and confirm whatever the said Attorney slial do or purport to do or cause to be done lawfully by virtue of these oresent. , .a r c o EXECUTED ON THIS 1 day of 2022.

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Signed and Delivctd4tli • , - Witiun /._...Shri. R'PLUrU.,..:. . -.<e\ Chief Financ4 Offi and, • ompany BEFORE . ..... . 1-J RAMDAS S. JAVLE -. :: :'-'.... 2 B.Com., LL.B. Wotj Grater,iumh

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Left Thumb impression

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Left Thumb impression

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Signature

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Signature

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1NFORMATON

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is a proof of identity, not of citizenship. Verify identity using Secure OR Code/ Offline XML' Online Authentication.

¶51

This is electronically generated letter.

¶52

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¶54

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IN 1'IIE HIGH COURT OF JUI)ICATURE rI' BOMBAY

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ORDINARY ORIGINAL CIVIL JURISI)IC'l'ION IN ITS COMMERCIAL DIVISION COMM. IP SUIT NO. 527 OF 2022

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SUIT FOR INFRINGEMENT OF TRAI)IMAR.K AND FOR PASSING OFF ACT CODE NO. 87 CATEGORY CODE NO. 1017

Asian Paints Limited

)... Plaintiff

V/s.

A One Paints and Chemical

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)... I)cfcndant

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CONSENT TERMS

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Dated this 02 day of March 2023

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G.S. Hegde and V.A. Bhagat Advocates for the Plaintiff C/o. Arjun T. Bhagat & Co. Advocates for the Plaintiff. 132/1, Shaheen Apartments, Mody Street, Fort, Mumbai — 400 001. 'I'd: (91-22) 22696729/22693717/18 Email: 1ega1atbhagatandco .com linroliment No. MAH/1403/1990

Asian Paints Ltd. v. a One Paints and Chemical

Case brief

What is this about?

What did the court decide?

Asian Paints Ltd. v. a One Paints and Chemical

Case brief

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What did the court decide?

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