LAWS(BOM)-2023-6-1132

NARPAT LAL NEMARAM GEHLOT Vs. GENARAM KHUMARAM

Decided On June 09, 2023
Narpat Lal Nemaram Gehlot Appellant
V/S
Genaram Khumaram Respondents

JUDGEMENT

(1.) Mr. Kirepekar learned Counsel appearing for the Applicant has tendered two Affidavits of Service dtd. 2/1/2023 and 3/1/2023. The Affidavits of Service show that the Defendant No.2 has refused to accept the copies of papers and proceedings in the captioned Suit. The copy of the Advocates Notice dtd. 5/8/2022 has then been affixed by the deponent at a conspicuous place. In view thereof, Defendant No.2 has been served with the papers and proceedings. In so far as Defendant No.1 is concerned, the papers and proceedings, despite several efforts made to serve, have not been served. The second Affidavit of Service dtd. 3/1/2023 shows that the service was sought to be effected by courier and which envelope was returned. An attempt was also made to serve the Defendant No.1 by RPAD which was also returned. The deponent of the first Affidavit has also stated that upon visiting the factory premises of Defendant No.1 the same was found to be locked and after making inquiry it was learnt that the Defendant No.1 had closed down the factory four months ago as a result of the death of Defendant No.1's son. The Affidavits of Service are taken on record.

(2.) The Plaintiffs have stated that they are joint owners of copyright in the artistic work comprising of the mark "NEETA" as shown in extract from Register of Copyrights bearing Registration No. A-137791/2021. Further, the Plaintiffs are the proprietor of the Trade Mark "NEETA" and / or "NEETA FORMATIVE MARKS" by virtue of Trademarks Registration Nos.183712, 1839717, 2086020, 2086021 and 4187493. Extracts from the Register of Copyrights bearing No.A- 137791/2021 are annexed at Exhibit B to the Plaint. The Certificate of Registration of Trade Marks along with the present status downloaded from the official website of the Registrar of Trade Marks www.ipindia.nic.in is annexed at Exhibit D to D-4. In the Certificate of Registration of Trademarks at Exhibit D the date is mentioned as 15/7/2009 and User detail is of 1/1/2008.

(3.) The Plaintiffs have relied upon the invoices from the year 2008 till date showing the sales under the Mark "NEETA". The Plaintiffs state that annual sales under the Trade Mark "NEETA" was to the tune of INR 1,55,000.00 in the financial year 2008-2009 which grew exponentially to INR 4,34,54,556.00 approximately in the financial year 2019-2020.