EMAMI LIMITED Vs. HINDUSTAN UNILEVER LIMITED
HIGH COURT OF BOMBAY
Hindustan Unilever Limited
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B.P. Colabawalla, j. -
(1.) This Application has been moved by the defendant seeking to set aside an ex-parte ad-interim order dated 6th July, 2020 passed in the above I.P. Suit. By the order dated 6th July, 2020 this Court had granted ad-interim reliefs in terms of prayer clause (a) under which it was directed that the defendant and all other persons claiming under it give at least 7 clear working days prior written notice to the plaintiff or their advocates before initiating any proceedings including legal proceedings in any Court or claiming any interim or ad-interim reliefs against the plaintiff as stated in the statement issued/made on behalf of the defendant against the plaintiff's use of the trademark "GLOW and HANDSOME".
(2.) The learned advocate appearing on behalf of the defendant submitted that the order dated 6/7/2020 is contrary to Section 142 and more particularly sub-section 2 thereof which clearly states that Section 142 (1) shall not apply if the registered proprietor of the trademark or the registered user acting in pursuance to sub-section (1) of Section 52, with due diligence, commences and prosecutes an action against the person threatened for infringement of the trademark. He, therefore, submits that this order could never have been passed as it runs contrary to the statutory provision enshrined in Section 142 of the Trade Marks Act, 1999.
(3.) On the other hand Mr. Tulzapurkar, the learned senior Counsel appearing on behalf of the plaintiff, stated on instructions, that in the present case the defendant has already filed a suit in Calcutta High Court and hence insofar as that suit is concerned the defendant has complied with the order dated 6th July, 2020. On instructions, Mr. Tulzapurkar further stated that now no further notice would be required to be given by the defendant in relation to the suit filed in the Calcutta High Court under the order dated 6/7/2020 including any appeal filed by the defendant in the said suit. As far as other proceedings are concerned, Mr. Tulzapurkar, submitted that the provision for giving notice would apply only to proceedings initiated in a Civil Court and not all proceedings, and that too only in relation to the trade mark "GLOW and HANDSOME".;
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