IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(OS) 2483/2014 VINI COSMETICS PVT LTD ..... Plaintiff Through: Mr.S.K. Bansal, Advocate versus ABHAY ENTERPRISES and ORS ..... Defendant Through CORAM: HON'BLE MR. JUSTICE G.S.SISTANI O R D E R 20.08.2014 I.A.15576/2014 (EXEMPTION) Allowed, subject to just exceptions. Application stands disposed of. I.A. 15575/2014 (EXEMPTION) Let the original documents be filed within ten weeks and the legible documents / with proper left hand margin be filed within the same period. Application stands disposed of. CS(OS) 2483/2014 and I.A. 15574/2014 (u/O.39 Rs=1 and 2 CPC) Plaintiff has filed the present suit for permanent injunction, restraining infringement of trademark, passing off, rendition of accounts, damages and delivery up against the defendants. Plaintiff is stated to be inter alia engaged in the business of manufacturing and marketing of all kinds of cosmetics and proprietary products including lotions, talecum power etc. The goods of the plaintiff are being manufactured and sold under a distinctive trade mark / label ?GLAM ? UP? label, claiming user of the same since September, 2012. The details of registration of the plaintiff?s trade mark have been extracted in paragraph 5 of the plaint. Counsel for the plaintiff submits that the defendant no.1 is manufacturing counterfeit products in China with respect to identical trade mark and packaging as that of the plaintiff. The impugned goods bear the name of the manufacturer as the plaintiff and the place of manufacture is shown as India, whereas the goods are counterfeit and products are not manufactured by the plaintiff. It is submitted that the shipment of defendant no.1 has arrived at Sahar, Andheria (East) Mumbai, containing the counterfeit products. It is further submitted that as per the practise, in case a trade mark is registered with the customs authorities, the customs authorities at the request of the genuine trade mark holder ordinarily seizes the counterfeit goods. In this case, however, the plaintiff has applied for registration of its trademark with the customs authorities after the arrival of the shipment. In these circumstances, plaintiff prays for grant of ex parte ad interim injunction, as in case the counterfeit products are allowed to be released and sold in the market unwary customers are likely to be deceived and misled that the goods which are being sold are genuine goods of the plaintiff. Issue summons in the suit and notice in the application by all modes, including DASTI, returnable on 15.10.2014. I have heard counsel for the plaintiff and perused the plaint, application and the supporting documents. I am satisfied that this is a fit case for grant of ex parte ad interim injunction and in case the ex parte ad interim injunction is not granted, not only the plaintiff will suffer irreparable loss, but also the unwary customers are likely to be deceived. Accordingly, till the next date of hearing, defendant no.1, its proprietor, partners, agents, representatives, distributors, assigns, heirs, successors, stockists and all other acting for and on their behalf are restrained from importing, using, selling, soliciting, exporting, displaying advertising by visual, audio, print mode or by any other mode or manner or dealing in or using the impugned trade mark / label ?GLAM- UP? or any other trademark / label identical with and /or deceptively similar the trademark. Till the next date of hearing, defendants No.2 and 3 are restrained from releasing the Bill of Entry No.4976446 dated 22.3.2014. DASTI. Provisions of Order 39 Rule 3 CPC be complied with, within 3 days. G.S.SISTANI, J AUGUST 20, 2014 ssn CS(OS) 2483/2014 3/3 $ 44 |
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