{"id":4641,"date":"2019-04-26T11:50:25","date_gmt":"2019-04-26T06:20:25","guid":{"rendered":"https:\/\/old.anandandanand.com\/oldupdates\/?p=4641"},"modified":"2019-06-21T11:51:31","modified_gmt":"2019-06-21T06:21:31","slug":"decree-granted-favour-leading-fmcg-company","status":"publish","type":"post","link":"https:\/\/old.anandandanand.com\/oldupdates\/decree-granted-favour-leading-fmcg-company\/","title":{"rendered":"Decree granted in favour of leading FMCG company"},"content":{"rendered":"

The matter was decreed by the Hon\u2019ble High Court of Delhi vide order dated 24th<\/sup>\u00a0April,\u00a02019.<\/em><\/p>\n

In July 2018, the plaintiff was informed by its investigators in China that on 29th<\/sup>\u00a0June 2018 a ship containing large quantities of infringing toothbrushes bearing the mark COLDENT was to depart from a port at Ningbo, China and was scheduled to reach Kolkata ports via Krishnapatnam Port located in Nellore, Andhra Pradesh.<\/em><\/p>\n

Anand and Anand represented the plaintiff and apprised the Delhi High Court of this peculiar situation and also provided the court with various details such as the names of the ships, container numbers, port details etc. However, the names of the importers were initially unknown. The Hon\u2019ble judge was further apprised of the various trademark registrations of the plaintiff\u00a0and was shown the similarity between the trade dress of the plaintiff toothbrushes and\u00a0the infringing Coldent toothbrushes.<\/p>\n

The Hon\u2019ble Court noted the fact that the Defendants had used the first name of\u00a0the\u00a0plaintiffs trademark, and has taken \u2018dent\u2019 of \u2018dental\u2019 to make it \u2018Coldent\u2019, and has also taken the words, \u2018double action\u2019\u00a0used by the plaintiff on its toothbrushes.<\/p>\n

The Court further took note of Section 140 of the Trademarks Act vide which the proprietor or licensee of a trademark may give notice in writing to the Customs Officials to prohibit the\u00a0import any goods that may amount to infringement of their registered trademarks and the Customs Officials may require the importer of the goods or his agents to produce documents and particulars in his possession relating to the goods and to furnish information\u00a0regarding the importer and exporter.<\/p>\n

Further the court held that Section 2(33) of the Customs Act defines \u201cprohibited goods\u201d viz: \u2018any goods or export of which is subject to any prohibition under this Act or any other law\u00a0for the time being in force but does not include any such goods in respect of which the conditions subject to which the goods are permitted to be imported or exported have been complied with;\u2019 and it includes the goods the import or export of which is subject\u00a0to any prohibition under the Customs Act or any other law for the time being in force, including the Trade Marks Act or the Patents Act etc. as per Section 11(2)(n) of the Customs Act.<\/p>\n

In such circumstances after hearing the Plaintiffs\u2019 arguments, the Hon\u2019ble Court was pleased to direct the concerned customs officials to immediately freeze the contents of the concernedships and containers and to divulge the details of the goods contained therein, the details of the exporter and importer, the value and number of goods etc. to the Plaintiffs to ensure that the matter reaches its logical conclusion. Further, the Hon\u2019ble Court\u00a0directed that in case the importer is found by the Customs Authorities, he is restrained from taking custody of the goods till the next date of hearing.<\/p>\n

The importers of the infringing Coldent branded toothbrushes were identified and added as Defendants to the suit. Thereafter, the matter was decreed in favour of the Plaintiffs through a settlement agreement entered\u00a0into with the Defendants wherein the Defendants acknowledged the rights of the Plaintiffs\u2019 in the well-known trademark and undertook not to use the mark Coldent or any other mark deceptively similar to the mark of plaintiff \u00a0in future.\u00a0The Defendants further agreed to coordinate with the Customs Officials and destroy the infringing COLDENT branded toothbrushes as per law. The matter was decreed by the Hon\u2019ble High Court of Delhi in the above terms vide order dated 24th<\/sup>\u00a0April,\u00a02019.<\/p>\n","protected":false},"excerpt":{"rendered":"

The matter was decreed by the Hon\u2019ble High Court of Delhi vide order dated 24th\u00a0April,\u00a02019. In July 2018, the plaintiff was informed by its investigators in China that on 29th\u00a0June 2018 a ship containing large quantities of infringing toothbrushes bearing the mark COLDENT was to depart from a port at Ningbo, China and was scheduled […]<\/p>\n","protected":false},"author":1,"featured_media":3813,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"jetpack_featured_media_url":"https:\/\/old.anandandanand.com\/oldupdates\/wp-content\/uploads\/2018\/11\/AnA-e1602767845392.jpg","_links":{"self":[{"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/posts\/4641"}],"collection":[{"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/comments?post=4641"}],"version-history":[{"count":2,"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/posts\/4641\/revisions"}],"predecessor-version":[{"id":4643,"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/posts\/4641\/revisions\/4643"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/media\/3813"}],"wp:attachment":[{"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/media?parent=4641"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/categories?post=4641"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/old.anandandanand.com\/oldupdates\/wp-json\/wp\/v2\/tags?post=4641"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}