This order disposed of trademark disputes by recording that both partners of a defunct partnership firm are entitled to use the registered 'EVEREST' mark. It reduced costs and mandated a government deposit.
Entitlement of both partners to use the trademark recorded; costs reduced to Rs.65,000 to be deposited with the government website.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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M/S K C J & COMPANY ..... Appellant Through: Mr. S.K.Bansal, Mr. Ajay Amitabh Suman and Mr. Kapil Kumar Giri, Advocates.
versus
M/S EVERPLUS COSMETICS INDIA ..... Respondent Through: Mr. Jayant Mehta and Mr. Gaurav Miglani and Mr. Jithin M. George, Advocates.
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R
% 02.11.2017
is undisputed that the trademark is registered in the name of the partnership firm M/s K.C.J.& Co. It is also undisputed that the partnership firm had two partners namely Sh. Kuldeep Chand Jain and Sh. Sunil Kumar Jain. It is further undisputed that partnership business is no longer being carried on and there is no complete dissolution process in terms of Section 48 of the Partnership Act though Sh. Sunil Kumar Jain pleads existence of a particular family settlement.
FAO 557/2016
page 1 of 3
page 2 of 3
FAO 557/2016
observations.
VALMIKI J. MEHTA, J
NOVEMBER 02, 2017 ib
page 3 of 3
FAO 557/2016
1 issue framed by the court
What is the entitlement of the partners of a defunct firm to use a registered trademark pending a civil decree?
1 provisions across 1 enactments
M/s K C J & Company
M/s Everplus Cosmetics India
Valmiki J. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
