Trademark infringement, copyright infringement and passing off suit concerning Asian Paints, Asian, Trucare and Tractor Sparc marks and artworks was decreed in terms of consent terms. The defendant undertook not to register similar marks and to pay damages for breach.
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(9)IAL-12680-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL IP SUIT NO.202 OF 2023
WITH
INTERIM APPLICATION (L) NO.12680 OF 2023 WITH
LEAVE PETITION (L) NO.12726 OF 2023
WITH
Digitally signed by RAJSHREE RAJSHREE KISHOR KISHOR MORE MORE Date: 2024.01.15 14:46:07 +0530
COURT RECEIVER’S REPORT NO.290 OF 2023 WITH
COURT RECEIVER’S REPORT NO.235 OF 2023 IN
COMMERCIAL IP SUIT NO.202 OF 2023
Asian Paints Limited ] .. Plaintiff vs. Dabrabadi Rohit ] .. Defendant
Mr.Vinod Bhagat a/w Atif Sayyed for the Plaintiff.
Mr.Sagar Patwardhan, representative of the Plaintiff, present in Court. Mr.Rohit Dabrabadi, Defendant, present in Court.
Ms.Charushila Vaidya, 2nd Assistant to Court Receiver, present.
CORAM : BHARATI DANGRE, J
DATE : 12th January, 2024.
P.C.
1] The Plaintiff has filed Suit against the Defendant seeking relief relating to infringement of its Trademarks Asian Paints, Asian and
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(9)IAL-12680-2023.doc
Trucare exterior wall primer label, as well as infringement of its trademarks and copyrights in the original artistic works of Trucare exterior wall primer, Tractor Sparac emulsion label and for passing off the goods viz. Primer, emulsion, paints and other like goods used in the paint industry, by the Defendant by use of the impugned marks Asian Paints, the impugned mark Truecare depicted under an impugned pirated artwork and the mark JK Classic advanced spare depicted under an impugned pirated artwork and for other reliefs.
2] During the pendency of the Suit, the Consent terms under the signatures of authorized signatory of the Plaintiff and the Defendant, dated 12.01.2024 are placed before me. The same are taken on record and marked as ‘X’ for identification.
The authorized representative of the Plaintiff Mr.Sagar Patwardhan and the Defendant Mr.Rohit Dabrabadi, are present in the Court and their identity is established by the Court Associate.
3] In the Consent Terms, the Defendant agrees and undertakes that it shall not file any application/s or register any mark, label or artwork, deceptively or substantially similar to the Plaintiff’s registered trade mark of Asian Paints, Asian and Trucare and original Artworks of Trucare exterior wall primer and Tractor Sparc emulsion.
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(9)IAL-12680-2023.doc
The Defendant has agreed for a decree being granted in favour of the Plaintiff in terms of prayer clause (a), (b), (c) and (d) of the Suit.
It is also recorded that the Defendant has paid an amount of Rs.5,00,000/- to the Plaintiff vide Demand Draft dated 14.12.2023. A specific undertaking on behalf of the Defendant is contained in clause 10 of the Consent Terms, wherein, he has undertaken that he shall be liable for contempt action, in case he violate the terms, which he has signed and shall also pay an amount of Rs.One Crore by way of damages to the Plaintiff.
4] In the wake of above arrangement between the parties, Commercial IP Suit No.202 of 2023 is decreed in terms of prayer clause (a), (b), (c) and (d).
In the wake of above, Interim Application (L) No.12680/2023, Leave Petition (L) No.12726/2023 and Court Receiver’s Report Nos.290/2023 and 235/2023 stand disposed off.
Court Receiver stands discharged upon furnishing statement of account and subject to payment of costs, charges and expenses. .
Refund of Court Fees, if permissible, is allowed.
[BHARATI DANGRE, J]
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1 issue framed by the court
Whether the suit should be decreed in terms of the consent terms between the parties regarding trademark and copyright infringement and passing off.
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
