Metro Shoes Ltd And ANR v. Metrends Shoes And Bags Llp And 4 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO.251 OF 2017 IN COMMERCIAL SUIT NO.553 OF 2017 COMMERCIAL SUIT (L) NO.232 OF 2017 WITH LEAVE PETITION NO.168 OF 2017 IN COMMERCIAL SUIT NO.553 OF 2017 WITH COMMERCIAL SUIT NO.553 OF 2017 M/s Metro Shoes Limited ...

Applicant In the matter between M/s Metro Shoes Ltd And Another ...

Plaintiffs

Versus

Metrends Shoes And Bags LLP And Others ...

Defendants .....

Dr. Veerendra Tulzapurkar, Senior Advocate a/w Mr. Amit Jamsandekar i/b Piyush N. Shah for the Plaintiffs.

Mr. Geogy Jacob a/w Mr. Gireesh Gangadharan i/b Geogy Jacob & Associates for Defendants.

.....

CORAM : S.C.GUPTE, J.

DATE : 2 AUGUST 2017 P.C. :

.

After the Notice of Motion is heard at some length, it is agreed between the parties that the Commercial Suit itself can be disposed of in the following terms. It is ordered accordingly as follows :

2/3 (i) Leave Petition No.168 of 2017 is allowed;

(ii) The Defendants submit to a decree in terms of prayer clause -(a), except the bracketed portion, and prayer clause (b) of the plaint;

(iii) The Plaintiff does not press its other prayers; (iv) The Defendants state that they shall not use the word "METRO" by itself or in any combination for marketing any of their goods including shoes and leather bags. The Defendants instead offer to market their goods including shoes and leather bags under the trade name "METRENDS". The Defendants, accordingly, offer to withdraw their existing application for registration of the service mark in Class 35 containing the word "METRO". The statement and offer are accepted;

(v) In the event, the Defendants use the word "METRO" or any deceptively similar mark in connection with their services, the Plaintiff will be at liberty to apply for suitable reliefs. The rights and contentions of both the parties in this behalf are kept open;

(vi) This order shall come into effect after eight weeks from today;

3/3 (vii) The Commercial Suit is disposed of accordingly. In view of the disposal of the Suit, the Notice of Motion does not survive and the same is also disposed of.

No order as to costs.

Refund of court fees in accordance with the applicable Rules. (S.C. GUPTE, J.)