Disposed

Asian Paints Limited v. Jayesh Babulal Shah Trading as Gopinath Paints

Bombay HC12 Jan 2024COMIP/312/2023

Case brief

AI extract

What is this about?

The High Court passed a consent decree in a commercial IP suit for infringement of copyright and trademark. The defendant acknowledged the plaintiff's proprietary rights, agreed to stop using infringing marks, destroyed stock, and paid damages. The suit was decreed and the court receiver discharged.

What did the court decide?

Decree passed for injunction against use of infringing marks/trade dress, destruction of stock, and payment of damages.

Asian Paints Limited Vs Jayesh Babulal Shah Trading as… — Intellectual Property | Bombay HC (2024)

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(8)COMIP-312-2023.doc

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rajshree

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

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COMMERCIAL IP SUIT NO.312 OF 2023

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WITH

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INTERIM APPLICATION (L) NO.28978 OF 2023 WITH

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COURT RECEIVER’S REPORT NO.444 OF 2023

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COMMERCIAL IP SUIT NO.312 OF 2023

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Digitally signed by RAJSHREE RAJSHREE KISHOR KISHOR MORE MORE Date: 2024.01.15 14:46:07 +0530

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Asian Paints Limited ] .. Plaintiff vs. Jayesh Babulal Shah Trading as ] Gopinath Paints ] .. Defendant

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Mr.Amey Nargolkar a/w Smriti Yadav, Dhiren Karania and Paarth Samdani i/b Khaitan & Co. for the Plaintiff.

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Mr.Sagar Patwardhan, representative of the Plaintiff, present in Court. Mr.Jayesh Shah, Proprietor of Defendant, present in Court. Ms.Charushila Vaidya, 2^nd Assistant to Court Receiver, present.

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CORAM : BHARATI DANGRE, J

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DATE : 12^th January, 2024.

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P.C.

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1] In the Suit filed by the Plaintiff for infringement of copyright in the original artistic work in its Artistic Packaging/Trade Dress well as infringement of its registered trademark Tractor and Royale , all in

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(8)COMIP-312-2023.doc

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Class 2 and for passing off the Defendant’s goods such as distemper, primer, paints etc. bearing the infringing mark and infringing packaging/ trade dress viz. ‘Royal’.

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The Consent Terms are drawn between the Plaintiff and Defendant Mr. Jayesh Shah trading as “Gopinath Paints.

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The Consent Terms under the signature of the authorized signatory of the Plaintiff and Mr. Jayesh Shah, the Defendant are placed before me. The Consent Terms are also inked by the Advocate for the Plaintiff.

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The Consent Terms dated 12.01.2024 are taken on record and marked as ‘X’ for identification.

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The authorized representative of the Plaintiff Mr. Sagar Patwardhan and Mr.Jayesh Shah, the Defendant in person, are present in the Court and their identity is established by the Court Associate.

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2] In the Consent Terms, the Defendant clearly acknowledges the proprietary rights of the Plaintiff in its well known Trade Marks and the Artistic Packaging/Trade dress being used by the Plaintiff in relation to its paints, emulsions, lacquers, varnishes, wall and wood fillers etc. set out in the Plaint.

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(8)COMIP-312-2023.doc

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The Defendant agree and undertake that he shall hereafter not use the infringing mark and infringing packaging/trade dress viz. Royal or any other packaging/trade dress or trade mark, in relation to any goods/services, which are identical/similar to that of the Plaintiff.

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The Defendant has agreed that a decree be granted in favour of the Plaintiff in terms of prayer clause (a), (b) and (c) of the Suit.

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3] The Consent Terms also record various other stipulations like destruction of stock of finished and unfinished products/packaging material with the impugned mark and impugned packaging/trade dress in the presence of representative of the Plaintiff, within 7 days from the date of filing of the Consent Terms.

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Apart from this, it is recorded that the Defendant has paid an amount of Rs.1,50,000/- to the Plaintiff vide Demand Draft dated 05.01.2024.

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A specific undertaking on behalf of the Defendant is contained in Clause 8 of the Consent Terms, wherein, he undertake that he shall be liable for contempt action, in case he violate the terms, which he has signed and shall also pay appropriate amount by way of damages to the Plaintiff.

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In the wake of the Consent Terms, with the presence of the authorized representative of the Plaintiff and Defendant in person, the

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(8)COMIP-312-2023.doc

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parties agree to abide by the undertaking recorded in the Consent Terms, which are accepted as an undertaking to the court.

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4] In the wake of above arrangement between the parties, Commercial IP Suit No.312 of 2023 is decreed in terms of prayer clause (a), (b) and (c).

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In the wake of above, Interim Application (L) No.28978/2023 and Court Receiver’s Report No.444/2023 stands disposed off.

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Court Receiver stands discharged upon furnishing statement of account and subject to payment of costs, charges and expenses.

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Refund of Court Fees, if permissible, is allowed.

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[BHARATI DANGRE, J]

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Asian Paints Limited v. Jayesh Babulal Shah Trading as Gopinath Paints

Case brief

What is this about?

What did the court decide?

Asian Paints Limited v. Jayesh Babulal Shah Trading as Gopinath Paints

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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