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2017 Supreme(Cal) 515

SAHIDULLAH MUNSHI
Marico Limited – Appellant
Versus
G. P. L. Oil Company – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Tilak Bose, Sr. Adv., Mr. Subhasish Sengupta, Mr. Suvradal Choudhury, Mr. Souma Bhattacharya, Ms. Srija Banerjee.

JUDGMENT :

1. The present suit being C.S. No.69 of 2011 filed by Marico Limited, is for injunction against infringement of Trademark, passing off and infringement of copyright. The defendants entered appearance at the interlocutory stage but did not file any written statement to contest the suit. Record reveals that on 24th November, 2016 Hon’ble Justice Shivakant Prasad passed an order directing the matter to appear under the heading ‘undefended suit’. After 24th November, 2016 matter appeared in the list on 5th December, 2016, 20th December, 2016, 17th January, 2017, 13th February, 2017, 3rd April, 2017, 11th May, 2017 and 20th June, 2017. But no attempt was made by any Advocate to represent the defendants. The fact of the case in a nutshell is as follows :

(a) That the plaintiff is well-known manufacturer and trader of coconut oil, hair oil, perfumed hair oil and/or allied products. Its products are being sold in market under various reputed trade names like NIHAR, SAFFOLA, MEDIKAR, PARACHUTE as more fully and particularly described in paragraph 5 of the plaint.

(b) Plaintiff has sought to make out a case that on or about 17th February, 2006, M/s. Hindustan Lever Limited, the prede

































































































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