w w w . L a w y e r S e r v i c e s . i n



Mohtimbas Engineering Pvt. Ltd. & Another v/s Machine N Tools & Others


Company & Directors' Information:- M & B ENGINEERING LIMITED [Active] CIN = U45200GJ1981PLC004437

Company & Directors' Information:- G. R. ENGINEERING PRIVATE LIMITED [Active] CIN = U65990MH1990PTC058602

Company & Directors' Information:- J B M TOOLS LIMITED [Not available for efiling] CIN = U29220DL1990PLC039494

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = L28900MH2006PLC159174

Company & Directors' Information:- R K MACHINE TOOLS LTD [Active] CIN = U74899DL1962PLC003676

Company & Directors' Information:- V U B ENGINEERING PRIVATE LIMITED [Active] CIN = U29290MH2005PTC154033

Company & Directors' Information:- N S ENGINEERING COMPANY PVT LTD [Active] CIN = U29219TG1989PTC010511

Company & Directors' Information:- A B TOOLS PRIVATE LIMITED [Active] CIN = U34300HP1981PTC004369

Company & Directors' Information:- S S S ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27205KA1981PTC004194

Company & Directors' Information:- H M G ENGINEERING LIMITED [Active] CIN = U45200MH1977PLC019533

Company & Directors' Information:- K R R ENGINEERING PRIVATE LIMITED [Active] CIN = U29309TN1989PTC016852

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = U28900MH2006PLC159174

Company & Directors' Information:- D B ENGINEERING PRIVATE LTD [Active] CIN = U74899DL1986PTC026541

Company & Directors' Information:- G G ENGINEERING PRIVATE LIMITED [Active] CIN = U28900MH2006PTC159174

Company & Directors' Information:- C & S TOOLS PRIVATE LIMITED [Active] CIN = U28910TN2007PTC064404

Company & Directors' Information:- J P ENGINEERING CORPN PVT LTD [Active] CIN = U34103WB1951PTC019638

Company & Directors' Information:- S N B ENGINEERING PRIVATE LIMITED [Active] CIN = U27106DL2007PTC301213

Company & Directors' Information:- T P W ENGINEERING LTD [Active] CIN = U27203WB1975PLC029939

Company & Directors' Information:- C L ENGINEERING PRIVATE LIMITED [Active] CIN = U34300PB1992PTC012057

Company & Directors' Information:- TOOLS INDIA PRIVATE LIMITED [Active] CIN = U74899DL1972PTC006391

Company & Directors' Information:- W & W ENGINEERING PRIVATE LIMITED [Active] CIN = U72900TN2003PTC051228

Company & Directors' Information:- M L R ENGINEERING PRIVATE LIMITED [Active] CIN = U74999TG2006PTC051974

Company & Directors' Information:- K B ENGINEERING CO PVT LTD [Active] CIN = U74160TG1988PTC008366

Company & Directors' Information:- R P ENGINEERING PVT LTD [Active] CIN = U29299WB1992PTC055482

Company & Directors' Information:- S. AND T. MACHINE TOOLS PRIVATE LIMITED [Active] CIN = U52190TZ2016PTC028164

Company & Directors' Information:- J & K ENGINEERING LIMITED [Active] CIN = U45203JK2006PLC002684

Company & Directors' Information:- H. R. TOOLS PRIVATE LIMITED [Active] CIN = U28997PB2020PTC051158

Company & Directors' Information:- S P T ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U27109UP2005PTC030940

Company & Directors' Information:- R R TOOLS PRIVATE LIMITED [Active] CIN = U29220TN2007PTC064374

Company & Directors' Information:- D B MACHINE TOOLS PRIVATE LIMITED [Active] CIN = U29219WB2006PTC112041

Company & Directors' Information:- A R F ENGINEERING LIMITED [Active] CIN = U27200TN1980PLC008347

Company & Directors' Information:- MACHINE TOOLS INDIA LTD [Active] CIN = U29199WB1928PLC006041

Company & Directors' Information:- A M ENGINEERING PRIVATE LIMITED [Amalgamated] CIN = U65910MH1981PTC187856

Company & Directors' Information:- S. S. E. ENGINEERING PRIVATE LIMITED [Active] CIN = U36990MH2007PTC175320

Company & Directors' Information:- C T ENGINEERING LIMITED [Strike Off] CIN = U29259GJ1986PLC009007

Company & Directors' Information:- R AND S ENGINEERING INDIA PVT LTD [Active] CIN = U29199GJ1995PTC027661

Company & Directors' Information:- U AND R ENGINEERING PRIVATE LIMITED [Active] CIN = U29199TZ1999PTC009012

Company & Directors' Information:- I Q ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U85110KA1996PTC021507

Company & Directors' Information:- G M ENGINEERING PRIVATE LIMITED [Active] CIN = U28910GJ2013PTC077091

Company & Directors' Information:- W. E. ENGINEERING PVT. LTD. [Active] CIN = U52335WB1985PTC039370

Company & Directors' Information:- B S ENGINEERING TOOLS PRIVATE LIMITED [Active] CIN = U02511WB1983PTC036912

Company & Directors' Information:- L. B. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2018PTC225084

Company & Directors' Information:- R I ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74210KA1991PTC012420

Company & Directors' Information:- U D ENGINEERING PRIVATE LIMITED [Active] CIN = U32109DL1999PTC102586

Company & Directors' Information:- G D TOOLS PVT LTD [Active] CIN = U28932PB1988PTC008164

Company & Directors' Information:- M G TOOLS PRIVATE LIMITED [Active] CIN = U29199DL2005PTC142466

Company & Directors' Information:- K M T S ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL2005PTC141240

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U00350PB2006PLC029521

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U29110PB2006PLC029521

Company & Directors' Information:- D ENGINEERING PRIVATE LIMITED [Active] CIN = U29269TZ1932PTC000046

Company & Directors' Information:- A 1 MACHINE TOOLS PRIVATE LIMITED [Active] CIN = U28900MH2006PTC160691

Company & Directors' Information:- V K B ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141483

Company & Directors' Information:- INDIA ENGINEERING PRIVATE LIMITED [Active] CIN = U72200PN1999PTC014259

Company & Directors' Information:- C N C ENGINEERING LIMITED [Strike Off] CIN = U93000KA1986PLC007922

Company & Directors' Information:- S N TOOLS PVT LTD [Active] CIN = U29224OR1984PTC001448

Company & Directors' Information:- M K V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199TZ1997PTC007736

Company & Directors' Information:- G V T ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U29219DL1996PTC082427

Company & Directors' Information:- MOHTIMBAS ENGINEERING PRIVATE LIMITED [Active] CIN = U74210MH1988PTC049316

Company & Directors' Information:- K. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2009PTC133109

Company & Directors' Information:- G M E P ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL1998PTC096737

Company & Directors' Information:- J T ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018756

Company & Directors' Information:- M C ENGINEERING CO PVT LTD [Active] CIN = U74899DL1972PTC006392

Company & Directors' Information:- M. C. TOOLS PRIVATE LIMITED [Active] CIN = U29253DL2010PTC202500

Company & Directors' Information:- C P ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U27209TN1987PTC014052

Company & Directors' Information:- B R MACHINE TOOLS PRIVATE LIMITED [Active] CIN = U29220KA1978PTC003427

Company & Directors' Information:- C AND W TOOLS PRIVATE LIMITED [Strike Off] CIN = U29295TZ1994PTC005125

Company & Directors' Information:- S C ENGINEERING CO PVT LTD [Active] CIN = U74210WB1982PTC035623

Company & Directors' Information:- U M ENGINEERING PRIVATE LIMITED [Active] CIN = U29200MH1977PTC019574

Company & Directors' Information:- A V K ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071971

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- G D ENGINEERING COMPANY (INDIA) PVT LTD [Active] CIN = U74210WB1993PTC058553

Company & Directors' Information:- C R TOOLS PRIVATE LIMITED [Active] CIN = U02922TZ1995PTC005891

Company & Directors' Information:- V M R ENGINEERING PRIVATE LIMITED [Active] CIN = U29120DL2005PTC136764

Company & Directors' Information:- K. S. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U36999HR2007PTC036660

Company & Directors' Information:- N S S ENGINEERING PRIVATE LIMITED [Active] CIN = U28999KA1989PTC010312

Company & Directors' Information:- A P V ENGINEERING CO LTD [Strike Off] CIN = U29113WB1945PLC006428

Company & Directors' Information:- R A MACHINE TOOLS PRIVATE LIMITED [Active] CIN = U29220DL2008PTC173367

Company & Directors' Information:- G B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29212PB1996PTC017500

Company & Directors' Information:- C M S ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U74210TN2010PTC075302

Company & Directors' Information:- K R TOOLS PRIVATE LIMITED [Active] CIN = U29256DL2004PTC125530

Company & Directors' Information:- T S C ENGINEERING PRIVATE LIMITED [Active] CIN = U70109DL2011PTC217251

Company & Directors' Information:- H T S ENGINEERING PRIVATE LIMITED [Active] CIN = U74999MH2008PTC187914

Company & Directors' Information:- T P ENGINEERING PRIVATE LIMITED [Active] CIN = U45201OR2010PTC011517

Company & Directors' Information:- S B ENGINEERING PVT LTD [Active] CIN = U29199GJ1982PTC005292

Company & Directors' Information:- J J ENGINEERING PVT LTD [Active] CIN = U29219WB1986PTC041433

Company & Directors' Information:- M. B. TOOLS PRIVATE LIMITED [Active] CIN = U31909MH1981PTC024989

Company & Directors' Information:- D & L ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U29113TN2004PTC052690

Company & Directors' Information:- H R P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31503MH1997PTC108621

Company & Directors' Information:- S H ENGINEERING PRIVATE LIMITED [Active] CIN = U70101WB1999PTC088930

Company & Directors' Information:- V K S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28133TN2005PTC057283

Company & Directors' Information:- M K ENGINEERING PVT LTD [Active] CIN = U29199GJ1995PTC027278

Company & Directors' Information:- K J ENGINEERING PRIVATE LIMITED [Active] CIN = U29299PN2006PTC129171

Company & Directors' Information:- C S S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45302TN2003PTC051161

Company & Directors' Information:- N. P. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31100WB2010PTC150609

Company & Directors' Information:- S R K ENGINEERING CO PVT LTD [Active] CIN = U67120WB1994PTC063442

Company & Directors' Information:- M P T ENGINEERING PVT LTD [Strike Off] CIN = U29299KL1994PTC007761

Company & Directors' Information:- T S R C ENGINEERING PRIVATE LIMITED [Active] CIN = U29100UP2020PTC133920

Company & Directors' Information:- A K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U50300UP1981PTC005354

Company & Directors' Information:- J R D TOOLS PRIVATE LIMITED [Strike Off] CIN = U29222PB1996PTC018595

Company & Directors' Information:- H M T D ENGINEERING PVT LTD [Active] CIN = U99999MH1981PTC035175

Company & Directors' Information:- V K TOOLS PRIVATE LIMITED [Strike Off] CIN = U28939TN1997PTC039072

Company & Directors' Information:- S S R M TOOLS PRIVATE LIMITED [Active] CIN = U21011TG1998PTC028908

Company & Directors' Information:- J P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28129MH1972PTC015813

Company & Directors' Information:- G B TOOLS LIMITED [Strike Off] CIN = U28112PB2010PLC033967

Company & Directors' Information:- V M ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1969PTC014224

Company & Directors' Information:- S K B MACHINE TOOLS PRIVATE LIMITED [Under Process of Striking Off] CIN = U28930MH1996PTC102634

Company & Directors' Information:- H M A ENGINEERING LIMITED [Strike Off] CIN = U45209PB2008PLC031777

Company & Directors' Information:- K S M ENGINEERING PRIVATE LIMITED [Active] CIN = U74210TG1997PTC028612

Company & Directors' Information:- M M ENGINEERING COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U28932MH1979PTC021819

Company & Directors' Information:- N G T ENGINEERING PVT LTD [Active] CIN = U27109WB1968PTC027292

Company & Directors' Information:- M A S ENGINEERING PRIVATE LIMITED [Active] CIN = U99999MH1976PTC019233

Company & Directors' Information:- G R K ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74200AP2011PTC076356

Company & Directors' Information:- P N S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TN2006PTC060120

Company & Directors' Information:- K P ENGINEERING CORPORATION PVT LTD [Strike Off] CIN = U74200WB1961PTC025258

Company & Directors' Information:- M A N INDIA ENGINEERING LTD [Strike Off] CIN = U74200WB1979PLC020893

Company & Directors' Information:- R V K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253TN2010PTC074505

Company & Directors' Information:- R K ENGINEERING COMPANY PVT LTD [Active] CIN = U74899DL1975PTC007743

Company & Directors' Information:- G S A ENGINEERING CORPN PVT LTD [Strike Off] CIN = U74210WB1957PTC023382

Company & Directors' Information:- A R M ENGINEERING PRIVATE LIMITED. [Strike Off] CIN = U00500JH1988PTC003057

Company & Directors' Information:- L & V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45202MZ2005PTC007690

Company & Directors' Information:- S G A ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29200MH2005PTC154349

Company & Directors' Information:- C P C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TZ1986PTC001880

Company & Directors' Information:- P K R ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U29130TZ2004PTC011094

Company & Directors' Information:- R R K ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC161080

Company & Directors' Information:- A N Y TOOLS PVT LTD [Strike Off] CIN = U29299WB1977PTC030867

Company & Directors' Information:- D M S ENGINEERING CO PVT LTD [Strike Off] CIN = U28920WB1964PTC026168

Company & Directors' Information:- G S MACHINE TOOLS PRIVATE LIMITED [Strike Off] CIN = U55101PB1999PTC023111

Company & Directors' Information:- S D S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28999PN2000PTC014838

Company & Directors' Information:- M. P. K. MACHINE TOOLS PRIVATE LIMITED [Strike Off] CIN = U27310DL2007PTC169186

Company & Directors' Information:- J D TOOLS PRIVATE LIMITED [Strike Off] CIN = U29294DL1988PTC032010

Company & Directors' Information:- R K ENGINEERING PRIVATE LIMITED [Active] CIN = U31100MH2005PTC152838

Company & Directors' Information:- V J S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29130TN1996PTC036636

Company & Directors' Information:- R. K. V. ENGINEERING PRIVATE LIMITED [Active] CIN = U29253MH2010PTC205237

Company & Directors' Information:- U S ENGINEERING PVT LTD [Active] CIN = U34300CH1986PTC006887

Company & Directors' Information:- E P I MACHINE PRIVATE LIMITED [Strike Off] CIN = U25201RJ1988PTC004535

Company & Directors' Information:- S C R TOOLS PRIVATE LIMITED [Active] CIN = U28931KA1976PTC003003

Company & Directors' Information:- A D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210OR1989PTC002348

Company & Directors' Information:- R J ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U27107RJ1972PTC001441

Company & Directors' Information:- H F ENGINEERING PRIVATE LIMITED [Active] CIN = U29244KL2013PTC033909

Company & Directors' Information:- O N ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031987

Company & Directors' Information:- V V TOOLS PRIVATE LIMITED [Active] CIN = U28939PB1995PTC016956

Company & Directors' Information:- P S R ENGINEERING PVT LTD [Strike Off] CIN = U40200WB1987PTC042244

Company & Directors' Information:- P N ENGINEERING CO PVT LTD [Strike Off] CIN = U74210WB1980PTC032750

Company & Directors' Information:- A M A R ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219DL1997PTC084187

Company & Directors' Information:- S G D ENGINEERING PRIVATE LIMITED [Active] CIN = U29210KA2009PTC050452

Company & Directors' Information:- B I. TOOLS PRIVATE LIMITED [Strike Off] CIN = U99999GJ1986PTC009232

Company & Directors' Information:- G A S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29191MH2004PTC149606

Company & Directors' Information:- G T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219PN2012PTC145781

Company & Directors' Information:- M. M. K. ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U29305MH2014PTC252830

Company & Directors' Information:- K-4 ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31400MH2010PTC204004

Company & Directors' Information:- N J ENGINEERING PRIVATE LIMITED [Active] CIN = U45209MH2015PTC262607

Company & Directors' Information:- P R S ENGINEERING PRIVATE LIMITED [Active] CIN = U29253TN2009PTC073915

Company & Directors' Information:- U P S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U40300TN2013PTC090167

Company & Directors' Information:- K G D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400WB2014PTC200732

Company & Directors' Information:- T A ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28992CH2003PTC025800

Company & Directors' Information:- M N A ENGINEERING PVT LTD [Strike Off] CIN = U45202CH2006PTC030215

Company & Directors' Information:- A A P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U27106DL2005PTC138318

Company & Directors' Information:- H B MACHINE & ENGINEERING PRIVATE LIMITED [Active] CIN = U29269DL2006PTC150552

Company & Directors' Information:- D K B MACHINE PRIVATE LIMITED [Under Process of Striking Off] CIN = U29253DL2006PTC156883

Company & Directors' Information:- A C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2011PTC222515

Company & Directors' Information:- S. Z. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2014PTC274095

Company & Directors' Information:- A J M TOOLS PRIVATE LIMITED [Active] CIN = U29292DL2014PTC265452

Company & Directors' Information:- IN ENGINEERING PRIVATE LIMITED [Active] CIN = U74210DL2011PTC212284

Company & Directors' Information:- R AND R TOOLS PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109176

Company & Directors' Information:- J N ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC278906

Company & Directors' Information:- N I ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC280734

Company & Directors' Information:- A N D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51502DL2012PTC242516

Company & Directors' Information:- R R V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC089342

Company & Directors' Information:- Z. M. ENGINEERING PRIVATE LIMITED [Active] CIN = U51909DL2007PTC168270

Company & Directors' Information:- K Y ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC248278

Company & Directors' Information:- R AND T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC136846

Company & Directors' Information:- THE ENGINEERING CORPORATION PRIVATE LIMITED [Strike Off] CIN = U99999KA1951PTC000699

Company & Directors' Information:- S J P ENGINEERING CO. PRIVATE LIMITED [Strike Off] CIN = U51505KA2002PTC030808

Company & Directors' Information:- S I ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27109UP1967PTC003182

Company & Directors' Information:- G TOOLS PRIVATE LIMITED [Strike Off] CIN = U29246TZ1990PTC002595

Company & Directors' Information:- W D ENGINEERING PRIVATE LIMITED [Active] CIN = U29308MH2020PTC345065

Company & Directors' Information:- S D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U18101DL1999PTC102948

Company & Directors' Information:- S. G. MACHINE TOOLS PRIVATE LIMITED [Active] CIN = U27109MH1999PTC118703

Company & Directors' Information:- T S K MACHINE TOOLS PRIVATE LIMITED [Strike Off] CIN = U51103TZ2007PTC013673

Company & Directors' Information:- S K TOOLS PVT LTD [Strike Off] CIN = U00339GA1982PTC000488

Company & Directors' Information:- M B D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210DL2008PTC181446

Company & Directors' Information:- A. B. C. ENGINEERING CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1950PLC008192

Company & Directors' Information:-  ENGINEERING COMPANY ( [Not Available for eFiling] CIN = U99999MH1951PLC010002

    Notice of Motion No. 2198 of 2019, Commercial IP Suit Nos. 1197 of 2019, 1197 of 2019 & Leave Petition No. 139 of 2019

    Decided On, 28 January 2020

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE S.C. GUPTE

    For the Appearing Parties: Rashmin Khandekar, Janhvi Chadha, Aniruddha Walsangkar, Prafulla Paranjape, Saloni Sulakhe, Advocates.



Judgment Text

1. Heard learned Counsel for the parties.2. This notice of motion is taken out in a Commercial IP Suit, which seeks to protect intellectual property rights in a registered trademark. The suit complains of infringement of a registered trademark as also passing off of goods inter alia by means of copying the Plaintiffs' trade dress. Since the Defendants carry on business outside the local limits of the jurisdiction of this Court and the Plaintiffs propose to combine the cause of action of passing off with that of infringement, the Plaintiffs have sought leave under Clause XIV of the Letters Patent by Leave Petition No.139 of 2019.3. There is no serious objection to such leave. The leave petition is, accordingly, allowed.4. The Plaintiffs' case in the suit is that Plaintiff No.1, incorporated in the year 1988, carries on business as stockist, importer and distributor of engineering tools and equipment. It sells inter alia carbide saw blades, diamond circular saw blades, saw holders, etc. of various sizes and shapes under the mark KYK and in a distinctive packaging material or trade dress. Plaintiff No.1 claims to be a registered proprietor of the trademark KYK in India. The mark is a label mark designated as"IMAGE". Plaintiff No.2 is a company incorporated under the laws of Taiwan. It carries on business as a manufacturer and marketer of similar goods. Its goods are sold inter alia under the trademark KAMIYA. It is the Plaintiffs' case that one Garywell Limited, a company incorporated under the laws of Hong Kong, and Plaintiff No.2, were under common control. Garywell owned various trademarks used by Plaintiff No.2. Garywell was a proprietor of the mark KYK in China. In or around 1993, Garywell started using the trademark KYK in India. Garywell and its group company, i.e. Plaintiff No.2, were distributing or marketing various cutting tools under the trademark KYK with packaging material or trade dress having a distinctive original artistic work, design, layout, get up and colour scheme essentially in two colours, namely, blue and white, and also with the mark KAMIYA printed all over and the mark KYK appearing at the top. Garywell's application for registration, made on 24 July 2003 (in respect of the mark KYK used in India since 1993), culminated into registration of the trademark KYK in its name. The registration certificate was issued on 24 January 2007. By a deed of assignment dated 25 April 2014, Garywell assigned all its right, title and interest in the mark KYK along with its goodwill in India to Plaintiff No.1. The Plaintiffs rely on the deed of assignment executed between the parties in this behalf. Since this assignment, Plaintiff No.1 has become the present proprietor of the mark KYK in relation to saw, carbide saw blades, saw blades (parts of hand tools), saw holders, drills, drill holders (hand tools) cutters, cutting tools (hand tools) (along with the goodwill subsisting therein in India). Considering that the registration of the mark KYK in class 8, in the name of Garywell, had inadvertently lapsed due to non-payment of renewal fees, Plaintiff No.1, who had by then become an assignee of the trademark, filed a fresh application for registration of the mark KYK on 7 March 2015 in class 8 in India. The application has since been granted and the mark is registered in the name of Plaintiff No.1. Plaintiff No.1, thus, claims to be the registered proprietor of the mark KYK in the class and in respect of the goods referred to above, claiming its user since 1993. Thus, from the year 1993, Plaintiff Nos. 1 and 2 have been using the trademark KYK and marketing their goods in the distinctive trade dress or packaging material referred to above, first as permissible users from its original proprietor Garywell, and later, i.e. since 2014, through registered proprietorship of the mark KYK (Plaintiff No.1, as the proprietor and Plaintiff No.2, as its licensee).5. The grievance of the Plaintiffs in the present suit is that, in or around October 2015, Plaintiff No.1 came across an identical brand KYK, in connection with carbide tipped saw blades sold in an identical and/or deceptively similar packaging material or trade dress as that of the Plaintiffs and bearing the marks KAMIYA and KYK printed in an identical manner thereon. The Plaintiffs filed a complaint in this behalf before the concerned police station, in whose jurisdiction the goods were found. The police, thereupon, conducted an investigation and found counterfeit goods. A raid was, thereupon, conducted on the Defendants' premises and products bearing the impugned marks and in the impugned packaging/trade dress were recovered from the premises. Upon the matter being further investigated, a charge-sheet was filed against the present Defendants. Criminal Case No.2623 of 2016 has been pending against the Defendants in pursuance of that charge-sheet before the Judicial Magistrate, First Class, Pune. During the pendency of this case, it is claimed that the Defendants even approached Plaintiff No.1 to settle the matter. It is the case of the Plaintiffs that in February 2018, Plaintiff No.1 was served with a notice from the Trademarks Registry informing it about the notice of opposition of Defendant No.1 herein to the Plaintiffs' application for registration of the mark KYK, which was pending before the Registry at that stage. Plaintiff No.1 filed his counter-statement to this notice. Defendant No.1, thereafter, did not file any evidence in support of its opposition and, in course of time, the mark KYK came to be registered in the name of Plaintiff No.1. In the course of the opposition proceedings, the Plaintiffs learnt that Defendant No.1 had applied for registration of the mark KYK in classes 7 and 8 by fraudulently claiming to be the proprietor of the mark KYK in India. The Plaintiffs, thereupon, opposed the application by filing a notice of opposition. Defendant No.1, thereupon, filed a counter-statement in support of its application, whereupon, the parties filed their respective evidence. It appears that during the pendency of the proceedings, Defendant No.1 has abandoned its application for registration in class 7 and its other application in class 8 is pending consideration before the Trademarks Registry.6. On these facts, the Plaintiffs have approached this Court alleging infringement of their registered trademark and also passing off of goods by the Defendants.7. The Defendants oppose the suit and the notice of motion, by filing their written statement in the Commercial IP Suit and an affidavit in reply to the notice of motion. In his reply to the Plaintiffs' notice of motion, learned Counsel for the Defendants raises only one contention. It is submitted that the original registration of Garywell of the trademark KYK had expired on 24 July 2013. It is submitted that the registered proprietor, not having renewed its registration, there is a deemed abandonment of the trademark. It is submitted that the trademark had, thereupon, fallen in public domain and the Defendants were well within their rights to adopt the trademark and market their goods under it.8. The submission, of course, does not answer the case of passing off. There is no indication why the particular trade dress or packaging material used by the Plaintiffs with their distinctive artistic work, design, layout, get up and colour scheme is adopted by the Defendants for marketing their goods. The attempt is clearly suggestive of an intent to trade on the reputation and goodwill of the Plaintiffs. But be that as it may, it is no answer even to a case of infringement. Gaywell may have ceased to be a registered proprietor of the trademark KYK on 24 July 2013, but it does not cease to be a proprietor of the trademark KYK. As a proprietor, it has assigned the trademark, together with the goodwill, to Plaintiff No.1, who, thereafter, applied for registration of the trademark and even got such registration. It is the Plaintiffs' case that Plaintiff No.1 is the registered proprietor of the mark KYK and Plaintiff No.2 is the former's licensee, both of whom seeking to protect their intellectual property on the basis of such registration. It is no answer to such a case that the assignor of the Plaintiffs (Garywell) is deemed to have abandoned the trademark allowing thereby the trademark to fall into public domain.9. Learned Counsel for the Defendants relies on a decision of Delhi High Court in the case of Indian Association of Thermometry vs. Hicks Thermometers India (Ltd.), (1981) 20 DLT 246 : 1981 SCC OnLine Del 196 . Relying on this decision, it is submitted that a trademark, upon its abandonment by a registered proprietor, can be used by another trader as and by way of a new acquisition and the assignee of the original registered proprietor cannot claim any protection as against the use of the trademark by such rival trader. The argument is merely required to be stated to be rejected. In Hicks Thermometers India (Ltd.), the trademark "Hicks", which was registered in class 9 in respect of thermometers and similar scientific instruments, was in the name of one M.F. Stanley and Co. Ltd. U.K. This company was a wholly owned subsidiary of Stanley & Co., the original proprietor of the trademark "Hicks". By an agreement between Hicks Thermometry India Ltd., the respondent before the Delhi High Court, and Stanley & Co., the respondent was permitted to register itself as a sole registered user of the trademark "Hicks" and, accordingly, it was registered as a sole user of the trademark. The registered user's agreement came to an end on 5 May 1971. The trademark continued to be on the trademark register till about 4 February 1972. The respondent-company thereafter wrote to Stanley & Co. for renewal of the registration of the trademark but that was not done. On 1 March 1973, the respondent-company applied to the Trademarks Registry for registration of the trademark "Hicks" in its own name. Before doing so, it informed Stanley & Co. of its intention to do so. There was no response from Stanley & Co. The court noted that this was probably so, because by this time, Stanley & Co. had been wound up. The registration of the trademark at the instance of the respondent was not opposed by successors of Stanley & Co. but by the appellant, Indian Association of Thermometry. The opposition was on the ground that the alleged proprietorship and use of the trademark "Hicks" by the respondent, who was merely its registered user, was likely to cause confusion and deception. The objection of the association was not countenanced by the Trademarks Registry, who granted registration in favour of the respondent. The challenge before the Delhi High Court arose out of this rejection of opposition. Delhi High Court did not find fault with the order of the Assistant Registrar rejecting the objections of the association. The court noted that the Assistant Registrar had given his decision judicially and judiciously; there was distinctiveness about the trademark; the respondent had established its reputation sufficient for the new acquisition claimed in respect of the abandoned trademark; and that there was, accordingly, no confusion or deception likely to be caused by reason of registration of the trademark in the name of the respondent and, accordingly, the application was liable to be granted. These facts are wholly distinguishable from the facts of our case. The respondent in that case had entered into a registered user agreement with the original registered proprietor, Stanley & Co. After the registration expired, it continued to use the trademark. It applied to the registered proprietor for renewal of the registration and when the registered proprietor did not respond, it applied for registration in its own name, giving notice to the registered proprietor that it would do so. The registered proprietor did not respond presumably because by then it was already would up. It is in these circumstances that the court

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treated the original trademark as having been abandoned by its registered proprietor and acquired thereupon by the respondent, who was originally a registered user of the trademark. It does not take an elaborate argument to note that these facts are wholly different and unmistakably distinguishable from the facts of our case. In our case, it is a third party, who is not in any way connected with the use of the registered trademark, who is opposing the assignee of the trademark claiming under the original proprietor, and after having obtained registration of the trademark as such assignee. If at all, the shoe is here on the other foot.10. As we have noted above, in addition to the case of infringement, as discussed above, there is a clear case of passing off here. The rival goods, which are exactly identical, are sold by the Defendants in an exactly same packaging material or trade dress; it has the same artistic work; the same design, the same layout, get up and also the same colour scheme. In other words, it is not just a case of passing off of one's goods as the goods of the other but in fact dealing in counterfeit goods.11. In the premises, the Plaintiffs have made out a clear prima facie case and deserve an interim protection. Notice of motion is, accordingly, made absolute in terms of prayer clauses (a) and (b).
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