JANUKI KUMARI J.B. RANA Vs. ASHOK KUMAR

JUDGEMENT

(1.) I.A. 1215/2017 (Order 39 R 1 and 2) The present suit has been filed by the plaintiffs claiming the following reliefs:- a. A decree of permanent injunction be passed thereby directing that the Defendants, its proprietor, partners, employees, agents, distributors, franchisees, representatives and assigns be restrained from manufacturing or authorizing the manufacture, selling or offering for sale, marketing, advertising, promoting, displaying or in any other manner whatsoever any sports shoe or footwear and / or any other allied and cognate goods with embossing on the heel of the sole of the shoe "MODEL IN NEPAL", "MADE IN NEPAL", "Design In Nepal", "Degn In Nepal", "MADE AS NEPAL", "DESIGN AS NEPAL", "DESIGN FROM NEPAL" or any other line which are deceptively similar to the aforementioned to pass off the goods of the Defendant as that of the Plaintiff and/or using the Plaintiffs Registered Trade mark registered at 1369593, 1668434, 1673434 and 816260 or other deceptively similar trademarks like "GOLDSTAR"/ "GOODSTAR'7 "GQLDSTAR" "GOLBSTAR"/ "GLOBSTAR" / "GALDSTOR'V "GOALSTOR"/ "GOLSTAR"/ "GLADSTAR" and getup and/or any other trade mark which is identical or deceptively or confusingly similar to any of the above listed trade/label mark and/or any other trade mark which are deceptively similar with the Plaintiffs trademarks and facilitate passing off the Defendant's product as that of the Plaintiff thereto. b. An order for delivery up of all the goods, dyes, moulds, blocks, tags, labels, other printed matter and any other material whatsoever bearing the, trade mark/label mark and/or any other mark confusingly and deceptively similar to the trade mark/label mark, or bearing any mark "GOLDSTAR"/"GOODSTAR"/"GQLDSTAR" "GOLBSTAR"/"GLOBSTAR"/"GALDSTOR"/"GOALSTOR"/"GOLSTAR"/"GLADSTAR" and/or the Getup/shape of the Plaintiffs shoe and/or with embossing MODEL IN NEPAL", "MADE IN NEPAL", "Design In Nepal", "Degn In Nepal", "MADE AS NEPAL", "DESIGN AS NEPAL", "DESIGN FROM NEPAL" or any similar connotation directed to pass off its products as that of the plaintiff, to the authorised representatives of the plaintiff for the purpose of destruction;

(2.) Vide this application plaintiffs have claimed ex-parte injunction against Ashok Kumar/John Doe and defendant no 2 allegedly doing its business of manufacturing counterfeit products in Hapur Meerut at the address "Guru Kripa, Dheer Khera, Industrial Area, Merrut Road, Hapur 245101".

(3.) The brief facts of the case as set out in the plaint are that the plaintiff firm M/s Kiran Shoes Manufacturers is the registered partnership firm registered with the Department of Industries, Nepal and other plaintiffs are the partners and Sh. Ghanshyam Bahety is the authorised representative of all the plaintiffs. It is submitted that the plaintiff firm is engaged in the business of manufacturing and marketing sports shoes and footwears under its registered trademark GOLDSTAR vide trademark bearing nos. 1668484, 1669858, 1673434 and 816260 and the manufacturing takes place in Nepal and they are exporting it to India since 1977/1998. The plaintiffs have various distributors in India including M/s Katyal Metal Agencies at New Delhi. It is submitted that plaintiffs have also opened a Liaison office at 181-B, 2nd floor near Sai Mandir, Khirki Village, Malviya Nagar, New Delhi-1100017 through which the Plaintiffs carrying on its business.