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2017 Supreme(Cal) 391

SOUMEN SEN
Skipper Limited – Appellant
Versus
Akash Bansal – Respondent


Advocates Appeared:
For the Petitioner: Ranjan Bachawat, Rudraman Bhattacharyya, Prithviraj Sinha, Siddhartha Das, Phiroze Edulji, Abhishek Bhutoria, Sourish Banerjee
For the Respondents: Debnath Ghosh, D. Mukherjee, Shomrita Das

JUDGMENT :

1. The petitioner claims to be the proprietor of the word mark “BANSAL”. The petitioner claims that petitioner has been manufacturing, selling and marketing metal pipes manufactured under the trade mark “BANSAL” with the mark “SKIPPER” suffixed thereto from 1981 without any interruption. The petitioner’s turn over during the last financial year was Rs.1300 crores. The petitioner applied for registration of word mark “BANSAL” on 16th December, 2010 and the said mark has been registered in respect of pipes and tubes of metal and flexible pipes not of metal. The registration certificate is dated 29th May, 2015. The petitioner on 11th July, 2011 applied for registration of the word mark “SKIPPER BANSAL” and “BANSAL SKIPPER” and the said mark has been registered on 1st July, 2015. The petitioner has also applied for registration under class 6 and17 and the said marks have been registered in respect of both the classes on 1st July, 2015 and 5th October, 2015 respectively. On 6th September, 2010 the plaintiff has applied for registration of the word mark “BANSAL SKIPPER” under class 17 and the said trademark has been registered on 22nd May, 2015.

2. The plaintiff claims that by v






















































































































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