MEHBOOB KHAN Vs. FIROZ QURESHI AND ORS.

JUDGEMENT

(1.) This is a motion for injunction and other reliefs in an action for trade mark infringement and passing off. The Plaintiff first obtained an order on 15th September 2014, after notice. That order has not been disturbed in Appeal. However, what has happened since the time of that order is most curious. The Defendants' subsequent conduct does not provide any answer to the Plaintiff's case either as first brought or as it now stands after an amendment.

(2.) The Plaintiff is the registered proprietor of a trade mark 'CARTER'S BLUE' in Class 43 (as of 16th June 2011) and Class (as of 18th May 2013). The Plaintiff's case is that he began running a restaurant under this mark as a sole proprietor from premises that he took from their owner, the original 1st Defendant. There is no dispute about this. These premises are at Carter Road, Bandra, near Amrut Building. This is now an area popular, especially among the city's youth, for its many restaurants, pubs, bars and night spots.

(3.) The Plaintiff and the original 1st Defendant entered into a Conducting Agreement dated 1st April 2008. It is this Conducting Agreement that forms the principle, and perhaps only, defence even now. For this reason alone, it is necessary to read the relevant portions of this Agreement as emphasised by Mr. Naphade for the Defendants. A copy of the Agreement is annexed to the Plaint.(Plaint, Exhibit "G", pp. 98-102).