CARREFOUR Vs. V SUBBURAMAN

JUDGEMENT

(1.) CARREFOUR, which claims to be a society anonyme, organised under the laws of France and considered to be one of the largest retailers, has come up with the Suit C.S. No 73 of 2007 praying for (a) a permanent injunction restraining the defendants from manufacturing, marketing, selling, exporting, offering for sale or advertising, any product under the trade mark "CARREFOUR" or from using the same as a trade name thereby infringing the trade mark "CARREFOUR" (b) a permanent injunction restraining the defendants from manufacturing, marketing, selling, exporting, offering for sale or advertising, any product under the trade mark "C" logo or from using the same as a trade name thereby infringing the trade mark "CARREFOUR" (c) a permanent injunction restraining the defendants from printing the "C" logo or reproducing the logo on any product or service and from using the same as an artistic work (d) a permanent injunction restraining the defendants from manufacturing, marketing, selling,exporting, offering for sale or advertising, any product bearing the trade mark "CARREFOUR" or deceptive variation thereof (e) a permanent injunction restraining the defendants from manufacturing, marketing, selling, exporting, offering for sale or advertising, any product bearing the trade mark "C" logo or deceptive variation thereof (f) a permanent injunction restraining the defendants from using the plaintiff's trade mark/name "CARREFOUR" or any other formative mark singularly or in conjunction with any other word deceptively similar as a domain name or website address or electronic mail identity (g) directing the defendants to surrender to the plaintiff for destruction, all stocks bearing the impugned trade mark "CARREFOUR" and "C" logo including, packages, strips, labels, dies and blocks etc. and (h) directing the defendants to pay damages of Rs. 20,00,000.

(2.) Pending suit, the plaintiff has come up with six applications for interlocutory orders to the following effect viz.:- (i) O.A. No. 100 of 2007 for an interim injunction restraining the defendants from manufacturing, marketing, selling, exporting, offering for sale or advertising, any product under the trade mark "CARREFOUR" or from using the same as a trade name thereby infringing the trade mark "CARREFOUR". (ii) O.A. No. 101 of 2007 for an interim injunction restraining the defendants from manufacturing, marketing, selling, exporting, offering for sale or advertising, any product under the trade mark "C" logo or from using the same as a trade name thereby infringing the trade mark "CARREFOUR". (iii) O.A. No. 102 of 2007 for an interim injunction restraining the defendants from printing the "C" logo or reproducing the logo on any product or service and from using the same as an artistic work. (iv) O.A. No. 103 of 2007 for an interim injunction restraining the defendants from manufacturing, marketing, selling, exporting, offering for sale or advertising, any product bearing the trade mark "CARREFOUR" or deceptive variation thereof. (v) O.A. No. 104 of 2007 for an interim injunction restraining the defendants from manufacturing, marketing, selling, exporting, offering for sale or advertising, any product bearing the trade mark "C" logo or deceptive variation thereof. (vi) O.A. No. 105 of 2007 for an interim injunction restraining the defendants from using the plaintiff's trade mark/name "CARREFOUR" or any other formative mark singularly or in conjunction with any other word deceptively similar as a domain name or website address or electronic mail identity.

(3.) On 1.2.2007, this Court granted ad interim injunction in all the above six applications. Therefore, after service of notice, the respondents have entered appearance and have come up with A. Nos. 2014 to 2019 of 2007 to vacate the interim orders of injunction. Hence, all the applications were taken up together for disposal.