UPS SALES Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has prayed for the following reliefs:

(2.) The grievance of the petitioners is primarily on the action of respondent nos. 2 to 7 in not permitting the petitioners clearance of the goods imported by petitioner no. 1 on the ground of a trade mark dispute between the petitioners and respondent no. 8 is subjudice.

(3.) It is the case of the petitioners that petitioner no. 2's predecessor in title had adopted trade mark "INGCO" in China. On 19/12/2012, mark "INGCO" was registered with the Trade Marks Registry under the Trade Marks Act, 1999 in the name of petitioner no. 2 in Class 7, 8 and 9, which were numbered as Application Nos. 2444955, 2444956 and 2444957. The petitioners contend that petitioner no. 1 was appointed as the authorized importer and distributor of "INGCO" products by petitioner no. 2 in India.