Asian Paints Limted vs Ramnath Bhaskar Jorwar Trading as 3 S Paints and Cement Articles and Also as Nirmal Trading Corpora

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

COMIP NO. 270 OF 2025

SUIT FOR INFRINGEMENT OF COPYRIGHT, TRADE MARK AND FOR PASSING OFF

Asian Paints Limited ) a public limited company ) incorporated under the Indian ) Companies Act, 1913, having its ) registered office at 6A, Shanti ) Nagar, Santacruz (East), ) Mumbai - 400055, Maharashtra ) ..... Plaintiff

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Versus

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Ramnath Bhaskar Jorwar ) trading as 3-S Paints and ) Cement Articles and also as ) Nirmal Trading Corporation ) having address at Gat No. ) 89/3A/5 at Nagvadi Post: ) Samsherpur, Tai: Akole, District ) Ahmednagar, Maharashtra - ) 422601. )

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Also at ) 1507, C/O Datta Bhadale )

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Godown, Saswad Road, ) Mantarwadi, Uruli Devachi, ) Pune, Maharashtra-412308 )

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15, ) Also at First Floor, Flat No Vaishanvi Angan, Singhgad ) Road, Vadgaon Budruk, Pune, ) Maharashtra - 411041. ) )

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. .... Defendant

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CONSENT TERMS

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By consent, Leave Petition (L) No 19998 of 2023 under Clause XIV of the Letters Patent Act be granted.

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The Plaintiff abovenamed has filed the present suit against the Defendant abovenamed praying inter alia for reliefs of infringement of copyright in the original artistic work in its

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I trade dress artistic packaging/ -------------, VIZ ' '

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'labels; infringement of its registered said Trade Marks TRACTOR, TRUCARE, APEX UL TIMA and ROY ALE and for passing off the Defendant's goods such as emulsions, paints

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etc bearing the infringing packaging / trade dress viz. '

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' and infringing

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mark 'TOP-SHINE ULTIMATE ROY AL' comprising of 'ROY AL' 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 above mentioned well known said Trade Marks and its above mentioned said• Artistic Packaging/ Trade Dress being used by the Plaintiff in relation to its paints,

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' .

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emulsions, lacquers, varnishes, wall and wood fillers (putties), etc as more particularly mentioned in the plaint.

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The Defendant agrees and undertakes that he shall not hereafter

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use the infringing packaging/ trade dress viz. '

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' and infringing mark 'TOP-SHINE

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ULTIMATE ROYAL' comprising of 'ROYAL' or any other packaging/ trade dress or trade mark, in relation to any goods/services, which are identical/similar to the Plaintiffs above mentioned said Artistic Packaging/ Trade Dress and said

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Trade Marks.

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The Defendant accordingly submits to a decree in terms of prayer clauses (a), (b) and ( c) to the plaint which are reproduced hereunder:

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"(a) the Defendant, directly or indirectly, by

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himself, his concerns, firms, partners, servants, employees, agents, dealers, distributors and all persons claiming under him be restrained by a perpetual order and injunction of this Hon 'ble Court from using or causing to be used the Impugned Packaging/ Trade Dress or any other packaging/ trade dress identical or similar to the Plaintiff's said Artistic Packaging/ Trade Dress in relation to the Impugned Goods or any goods or in any manner from manufacturing, marketing or offering/or sale, advertising or dealing in any goods bearing the Impugned Packaging/ Trade Dress or any other packaging/ trade dress identical or similar to the Plaintiff's said Artistic Packaging/ Trade Dress so as to infringe the Plaintiff's copyright subsisting in the said Artistic Packaging/ Trade Dress; •

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(b) the Defendant, directly or indirectly, by himself, his concerns, firms, partners, servants, employees, agents, dealers, distributors and all persons claiming under him be restrained by a perpetual order and injunction of this Hon 'ble Court from using or causing to be used the Impugned Word Mark and Impugned Packaging/ Trade Dress or any mark which is identical or similar to the said Trade Marks in relation to the Impugned Goods or any goods or in any manner from manufacturing, marketing or offering for sale, advertising or dealing in any goods bearing the Impugned Word Mark and Impugned Packaging/ Trade Dress or any other mark which is identical or similar to the Plaintiff's registered said Trade

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Marks so as to infringe the Plaintiff's registered said Trade Marks bearing numbers 2130519 (for said Trade Mark 1), 3335596 (for said Trade Mark 2), 2130512 (for said Trade Mark 3) and 944265, 1299194, 1841835, 1841836, 1994713, 1994715, 1994716, 1994718, 1994719, 1994721, 1994723, 1994724, 2085431, 2276312, 2398737, 3050117, 3259454, 3259458, 3272234, 3272235, 3272236, 3286762, 3559542 (for said Trade Mark 4), all in class 2;

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the Defendant, directly or indirectly, by himself, his concerns, partners, servants, employees, agents, dealers, distributors and all persons claiming under him be restrained by a perpetual order and injunction of this Hon 'ble Court from using or causing to be used the Impugned Word Mark and Impugned Packaging/ Trade Dress or any other mark or packaging/ trade dress identical or similar to the Plaintiff's said Trade Marks and said Artistic Packaging/ Trade Dress in relation to the Impugned Goods or any goods or in any manner from manufacturing, marketing or offering for sale, advertising or dealing in any goods bearing the Impugned Word Mark and/or Impugned Packaging/ Trade Dress or any other mark of packaging/ trade dress identical or similar to the Plaintiff's said Trade Mar'ks and said Artistic Packaging/ Trade Dress so as to pass off or enable others to pass off the Defendant's Impugned Goods as being those of the Plaintiff'' (c)

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The Defendant undertakes that entire stock of finished and unfinished products, packaging material bearing the Impugned Packaging/ Trade Dress and Impugned Word Mark seized by the Local Commissioner/Court Receiver in pursuance of the order dated 28 July 2023 shall be destroyed by the parties in the presence of their representatives, within a period of 2 weeks from the date of filing of these terms.

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The Defendant agrees and undertakes to this Hon 'ble Court that he has not filed and shall not file any applications in future for registration of the Impugned Packaging/ Trade Dress or the Impugned Word Mark and / or for any other marks which are identical or similar to the Plaintiffs registered said Trade Marks or said Artistic Packaging/ Trade Dress before the Trade Marks Registry as well as Copyright office. The Defendant further agrees and undertakes that he shall not take any steps to revive the application no 2249328 in class 2 for the mark 'ROYAL SILK', which is 'abandoned' and shall not file any fresh application for this mark. In case, the Defendant has filed any application/s, he undertakes to withdraw all such applications/registrations within 30 days from the date of filing

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of these terms. The Defendant shall simultaneously forward copies of such letters seeking cancellation of its applications/registrations duly acknowledged by the Trade Marks Registry and/or Copyright Office, to the Plaintiff or its Advocates.

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oo 4 Lt The Defendant has paid an amount of INR 1,00,000 (Rupees One Lakh only) to the Plaintiff vide Demand Draft no dated If f o-3 J ~2..r drawn in

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favour of the Plaintiff viz 'Asian Paints Limited'.

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In the event, the Defendant is found in breach of the abovementioned undertakings, it shall be liable to payment of liquidated damages of Rs. 1,00,00,000/- (Rupees One Crore Only) to the Plaintiff and such breach shall be deemed to be a contempt of this Court. The Plaintiff reserves its right to such legal remedies as may be available to the Plaintiff under the law including claim for aforesaid liquidated damages.

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Copy of the power of attorney in favour of Yash Patade, Authorized Signatory of the Plaintiff is annexed herewith as

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Annexure A. Copy of the Aadhar Card of Ramnath Bhaskar Jorwar, the Defendant is annexed herewith as Annexure B.

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Refund of court fees as per rules.

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Dated this I~ day of April 2025

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For Asian Paints Limited

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xx YashPatade (Authorized Signatory of the Plaintiff)

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::b·l..•~ For Khaitan & Co Advocates for the Plaintiff

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Advocate for the Defendant

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q51~•~ RA
I p
I •
'
'
/.
a
9 POWER OF ATTORNEY
•
TO ALL TO WHOM THFSE PRFSEN'IS SHALL COME, I, Ami Parikh,
presently working as General Manager - Legal for Asian Paints 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:
• '
I

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..... ,:;.,· /:~~ 1·" ~ ; :~ ·,

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WHEREAS I am the duly constituted Attorney of the Company by virtue of the Power of Attorney dated February, 24th 2023 and as such as per Oause 11 of the said Power of Attorney, I am empowered 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 'IHAT I, Ami Parikh, presently working as General Manager - Legal, 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. Yash Patade - Executive-I - 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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of the State for this purpose and to take all necessary action for and on

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1. To file and defend any Commercial Intellectual Property suit and for that purpose to engage lawyers, pleaders, send notice, verify and sign plaints, written statements, affidavits, petitions, writs, revisions, consent terms and application of all kinds and to file them in any Court or Office of Law and also to file necessary criminal complaints with prior written approval from the Company against any individual or entity for any such violation of the Company's intellectual property rights with the appropriate enforcement agency, courts, Department of Police or any special agency behalf of the Company.

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PROVIDED AI.SO that this Power of Attorney shall ipso facto stand terminated if the said Attorney resigns from the Companyts 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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writing, of all acts, deeds or things done by him by virtue of these presents. PROVIDED that the said Attorney shall keep the Company informed, in

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~ ...... , ,_
COMP ANY do hereby agree to ratify and confirm whatever the said Attorney
hall do or purport to do or cause to be done lawfully by virtue of these present.
dayof
Signed and Delivered by the within
named Mrs.
Left Thumb impression
Signature
Y ash Patade -
Left Thumb impression Signature
. 2024.
Ami Parikh
#"-
tp-- General Managei: - Legal
,.

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Signature
Signature

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Il l
~ 'IITT<Rm<R
• Rarmath Bhaskar Jorwar
~ - cfl"fuirl DOB: 0StQS/1977
11W·,~ ■
i
4135 6186 4396.
I

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/

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• 14115Vaishn3¥i Anga, sno615,
• ' "' Mah.raonta-411041

65 rf-t m m<lfr 1fiTc:r
Budruk, Fune Cit,,, Puna,
T11",
4135 6186 4396
Aadhaar-Aam Admi ka Adhikar I
:
14/15 Cf<>''l<IJ 3lfll11T
rf Na-he Road. 01\a,fari l'halaVadgaa,
-411041
Address:
I ' I
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~~.1JUT.

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IN THE HIGH COURT OF 0.0.C.J. JUDICATURE AT BOMBAY

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IN ITS COMMERCIAL DIVISION COMIP NO. 270 OF 2025

Asian Paints Limited

... Plaintiff

V/s.

Ramnath Bhaskar Jorwar trading as 3-S Paints and Cement Articles and also as Nirmal Trading Corporation

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... Defendant

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CONSENT TERMS

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DATEDTHIS I ~ DAYOF APRIL 2025

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Khaitan& Co

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Advocates for the Plaintiff One World Center (Earlier lndiabulls Centre), 13th Floor Tower lC, 841 Senapati Bapat Marg, Elphinstone Road Mumbai 400 013 Advocate Code No. 1-955

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S. Registration No. 8338 Email:

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[email protected]

Asian Paints Limted v. Ramnath Bhaskar Jorwar Trading as 3 S Paints and Cement Articles and Also as Nirmal Trading Corpora

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Asian Paints Limted v. Ramnath Bhaskar Jorwar Trading as 3 S Paints and Cement Articles and Also as Nirmal Trading Corpora

Case brief

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Asian Paints Limted vs Ramnath Bhaskar Jorwar Trading as 3 S Paints and Cement Articles and Also as Nirmal Trading Corpora