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C. HARI SHANKAR
Calvin Klein Trademark Trust – Appellant
Versus
Hertz Chemicals Pvt. Ltd. – Respondent
ORDER (Oral)
C. Hari Shankar, J.
1. The dispute in this case relates to the following three products of the defendant, which are as depicted in para 47 of the plaint, which allegedly adopt a trade dress deceptively similar to that of the plaintiff, so as to confuse the consumer public into believing an association between them, or confusing them with the products of the plaintiff:
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2. After Mr. Bansal argued the matter for some time, Mr. Akhil Sibal, learned Senior Counsel for Defendant 1, interceded to state that his client has already discontinued manufacture and export of the impugned products way back in November 2017, January 2019 and October 2021 respectively, and was willing to henceforth not use the impugned marks. He also handed over, across the Bar, an affidavit, dated 11th May 2023, of his client, which reads thus:
"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 declare as under:
1. I say that I am one of the directors of the Defendant Company and fully aware of the facts an
The defendant's affidavit stating the discontinuation of products bound the defendant and led to the decree in favor of the plaintiff.
Merely riding on strength of his trade mark registration, is indulging in conduct which is not transparent.
Court emphasizes that prior use and goodwill in trade names give rise to rights that protect against passing off and copyright infringement.
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.
The main legal point established in the judgment is the entitlement of the plaintiff to a permanent injunction for passing off its mark 'SANDHI SUDHA' and the consideration of the defendants' non-rep....
The court held that the concealment of material facts by the respondents did not warrant the dismissal of the suit or the vacation of the interim injunction, as the equities lay in favor of the respo....
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.
Passing off of trade mark - Proprietary rights - Interim injunction - Appellant/defendant company, even though it has started using trade mark ‘AMPA’ only in 2018, has established substantial sales a....
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