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C. HARI SHANKAR
Hugo Boss Trademark Management Gmbh And Co Kg – Appellant
Versus
Hertz Chemicals Pvt Ltd – Respondent
ORDER (Oral)
C. Hari Shankar, J.
1. The dispute in this case relates to the following four products of the defendant, as depicted in para 65 of the plaint:
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2. After Mr. Bansal argued the matter for some time, Mr. Akhil Sibal, learned Senior Counsel for Defendant 1, at that point, interceded to state that of the following products in question, his client has discontinued manufacture and export of the second product:
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3. An affidavit, to the said effect, has also been tendered across the Bar. Apropos the first, third and fourth products, the affidavit states that Defendant 1 has decided to discontinue manufacture and export of the said products as well.
4. Mr. Sibal submits that the said affidavit is being filed without prejudice and subject to the plaintiff's agreeing to close the present proceedings and to a disposal of the suit on the basis of the said affidavit.
5. The affidavit dated 11th May 2023 is reproduced, in extenso, as under:
"AFFIDAVIT OF NAZNEEN WIFE OF SUNIL SEWHANI, AGED ABOUT 37 YEARS, AT THE ADDRESS RAHEJA XION UNIT NO. 301, 3RD FLOOR JETHA COMPOUND, DR. B. A.ROAD, MAZGAON, BYCULLA EAST MUMBAI-400027
PRESENTLY AT NEW DELHI
I do hereby solemnly affirm and
The defendant's affidavit stating the discontinuation of products bound the defendant and led to the decree in favor of the plaintiff.
A party seeking discretionary relief must approach the court with clean hands and disclose all relevant facts; failure to do so may invite sanctions under Section 340 of Cr.P.C.
Procedural rules must not defeat substantive rights; an affidavit initially filed without attestation due to pandemic circumstances is considered timely, preventing application abandonment.
Court emphasizes the significance of written undertakings in trademark disputes and validates the necessity of compliance with contractual agreements before issuance of licenses.
The appellant's prior use of the trade mark 'Shriphal' and the effect of non-renewal of trade mark registration were central to the court's decision.
Merely riding on strength of his trade mark registration, is indulging in conduct which is not transparent.
The judgment emphasizes the importance of substantial justice over technical considerations and highlights the need to consider the circumstances and record of the case before concluding on a party's....
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