UNIVERSAL TEST SOLUTIONS Vs. PUNAM KUMARI SINGH

JUDGEMENT

(1.) This is an action for infringement of trade mark, copyright and passing-off. By the Interim Application, the Plaintiff seeks to restrain the Defendants from using the impugned trade marks "Test Magic innovative test solutions" (device), "eZscript", "RoboMagic An Enterprise Automation Platform" (device), "Universal Technology Soltuions", "ODC Universal Technology Solutions" and/or "UTS" or any other deceptively similar trade mark which according to the Plaintiff infringes the Plaintiff's registered trade mark "Test Magic - innovative test solutions (device), "eZscript - beyond imagination" (device) and "UTS Universal Test Solutions with device of world".

(2.) During the hearing of the Interim Application, the written note tendered on behalf of Defendant Nos. 1 to 3 stated that the Defendant Nos 1 to 3 are currently using "ODC Universal Technological Solutions Private Limited" as their corproate name and their domain name www.uts-global.com/"uts-global". Upon query by this Court, Mr. Khandekar on instructions makes a statement which will continue till the hearing and final disposal of the suit that the Defendant Nos 1 to 3 have never used nor they intend to use the mark "eZscript-beyond imagination" or any other marks similar to it and that since July, 2024, the Defendant Nos. 1 to 3 have not been using the marks "Test Magic Innovative Test Solutions" (device), "Robo Magic an enterprise automation platform" and "eZAutomate" and do not intend to use the same.

(3.) The Plaintiff's case is that the Defendant No. 1 was carrying out proprietary business in the name and style of Universal Test Solution to develop automation platform which requires huge investment. The Plaintiff No. 2 and Defendant No. 1 executed Memorandum of Understanding dtd. 1/9/2012 briefly outlining the modalities and terms and conditions. The broadly agreed terms were (a) formation of limited liability partnership under the common name Universal Test Solutions (b) the limited liability partnership formed would take over the business of software development being carried out by Defendant No 1 in name of Universal Test Solution (c) patent right and other trademark of the software developed by Defendant No 1 would be introduced in the LLP and (d) any product of future development and ownership of any resultant intellectual property shall be property of LLP.