CHIRASREE SENGUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The present petition is to quash the FIR bearing No.158/17 registered under Sections 415 , 416 , 417 , 419 , 420 & 120 B IPC read with Sections 102 , 103 , 104 , 107 and 114 of the Trade Marks Act, 1999 (hereinafter referred to as "the Act, 1999")

(3.) Learned counsel for the petitioner would submit that the FIR which has been made by the respondent is about the infringement of the trademark and the document itself would show that the respondents were registered for trademark of providing of foods and Drink, temporary accomodation, Medical, Hygenic and Beauty Care, Veterinary and Agricultural Services, Legal Services, Scientific and Industrial Research, Computer Programming Services that cannot be classified in other classes. He further submits that as per the documents filed by the respondents as per Section 29 sub-section (5) of the Act, 1999 the trademark is said to be infringed by a person if he has used such trademark or part of his trademark as his trade name or part of his trade name, or name of his business concern or part of the name of his business concern dealing in goods or services in respect of which the trade mark is registered. He further submits that it is alleged that the petitioners have used the website under the name of www.saharasamaynews.in, therefore, the contents of the FIR would not fall within the Section 29 sub-section (5) of the Act, 1999. He further submits that the registration certificate (Annexure P-2) which has been filed would reveal that the petitioners have obtained Sahara News Web Channel, which is registered under Udyog Aadhar and the trademark would only continue for a limited period according to the documents of the respondent itself herein in the case from 2004 till 10 years, therefore, the FIR itself do not fall in any offence. He placed his reliance in the case of Kasim Lai & anr. Vs. State of Madhya Pradesh & anr. {2016 LawSuit (MP) 458}.