ME N MOMS PRIVATE LIMITED Vs. SANDEEP GUPTA

JUDGEMENT

(1.) The Plaintiff has filed the present suit seeking an injunction restraining infringement of trademark, passing off, misrepresentation, unfair competition, delivery up etc. The Plaintiff filed the suit on the basis that it is engaged in the manufacture, import, export and retail of a wide variety of infant and mother care products under the trademark "MEE MEE" and also operates retail stores/outlets and departmental stores under the name "Me N Moms". The trademark "MEE MEE" is a registered trademark, and the Plaintiff had filed the present suit on the basis that the Defendant was involved in selling counterfeit goods under the trademark "MEE MEE".

(2.) The Plaintiff's allegation in the suit was that a customer had complained regarding a baby cot bearing the trademark "MEE MEE", which was purchased from the Defendant's store on 8th April, 2015 and which had some defects. The Defendant had then informed the said customer that the product was imported from China, and that he would not give any after-sales service in respect of the said product. Paragraph 19 of the plaint claims that the impugned baby cot was not of the Plaintiff's origin and was, in fact, a counterfeit product.

(3.) On the basis of these pleadings, the Plaintiff sought an ex parte injunction against the use of its brand. The Plaintiff also sought appointment of a Local Commissioner. Vide order dated 14th October, 2015, the Court directed as under: