PARTHA SAKHA DATTA,J. - (1.) A petition was filed before the learned Additional Chief Judicial Magistrate, Alipore by the O.P.No. 2 herein, namely, M/S. Bhola Ram Chanderbhan represented by Bipin Kumar Agarwal against the petitioner alleging that the said O.P. No. 2/complainant has been carrying on business of manufacturing, marketing and selling of readynlade garments using the trade mark 'CROWN' which was registered under Section 25 of the Trade Marks Act, 1999. The products of the complainant is of a superior quality and it has acquired distinctiveness and goodwill. The petitioner/accused is also carrying on business of readymade garments and is alleged to have been manufacturing readymade garment with the Trade Mark 'CROWN' which is identical with and deceptively similar to the trade mark 'Crown' of the complainant's products. The sale of products under trade mark 'Crown' which is the trade mark of the complainant by the accused is illegal. Accordingly, offences were alleged against the petitioner under Sections 102/103/104/107 of the Trade Marks Act, 1999 and under Section 63/65 Copyright Act. The learned Magistrate referred the petition to the police station at Maheshtala for registration of a case under Section 156(3) of the Cr. P.C. Maheshtala Police Station registered Maheshtala P.S. case No. 62 dated 8.3.2008 under the aforesaid sections of the law against the petitioner.
(2.) INVESTIGATION has been in progress and during investigation it revealed that the petitioner is a manufacturer of garment in the name and style of "Royal Jeans and Cotton" and the investigating agency seized 22,417 pieces of school uniform garments with level 'Crown' from the house of the petitioner who along with his sons were arrested. It revealed further that the petitioner obtained an order for supply from one Santosh Bhai of 'Poonam Garments and Textiles' of Thrissur of the garments with trade mark 'Crown'. I.O. reported that the petitioner is the owner of the goods which were kept in the jimma of one Golam Kibria and recommendation was made before the learned Magistrate for release of the goods in favour of the petitioner by excluding the tag of trademark label from each of the garments. Investigating Officer further reported that there is every chance of the huge quantum of materials being damaged and Golam Kibria expresses his unwillingness to keep the goods with proper care and auction. Learned Magistrate passed an order for returning the seized goods to the petitioner without the logos (trade marks).
(3.) THE de facto complainant preferred a revisional application being Criminal Motion No.303 of 2008 which was dismissed by the learned Additional Sessions Judge, Fast Track Court No. 4 at Alipore on 21st September, 2008, confirming the order of the learned Additional Chief Judicial Magistrate, Alipore dated 31st July, 2008.;