Manroland Goss Web Systems International Llc v. S. L. Kulkarni Cyril Graphics Private Limited

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT NO.834 OF 2019 WITH COMMERCIAL NOTICE OF MOTION NO.1457 OF 2019 Manroland Goss Web Systems International LLC ..Plaintiff Vs.

S. L. Kulkarni Cyril Graphics Pvt Ltd ..Defendant Mr. Ramesh Gajria a/w Ms. Deepan Hate I/b Gajria and Co. for Plaintiff Mr. Mayak Bagla I/b Swapan Samdani for Defendant; (Mr. S. L. Kulkarni, Director of Defendant present in court) CORAM : K.R.SHRIRAM, J.

DATE : 9th JULY 2019 P.C.:

Parties have entered into consent minutes of order dated 9th July 2019. The consent terms signed by respective advocates is taken on record and marked "X" for identification. Mr. Bagla states that Director of defendant Mr. S. L. Kulkarni is present in Court and identifies him. Mr. Bagla states that there is a blank in paragraph 5 of the consent terms and the donation will be given to any charity as the court may direct. Defendant to give donation of Rs.1,50,000/- to Free Opthalmic Hospitals Society. The account details are as under:

S.B. Account No.011710005364 IFSC Code : BKDN0450117 Dena Bank, Parel, Mumbai 400 012.

2/4 For ease of reference, consent minutes of order is scanned and reproduced hereinbelow:

3/4 Prayer clauses (a), (b) and (d) read as under: (a) that the Defendant by itself, its servants and agents be restrained by a permanent order and injunction of this Hon'ble Court from using in any manner whatsoever the Plaintiff's trade marks and GOSS INTERNATIONAL registered under Nos. 223308 in Class 7, and 1350861 in Classes 7, 9 and 11, respectively and/or any other marks identical and/or deceptively similar thereto, so as to infringe the same; (b) that the Defendant by itself, its servants and agents be restrained by a permanent order and injunction of this Hon'ble Court from using in any manner

4/4 whatsoever the Plaintiff's trade marks and GOSS INTERNATIONAL and/or any other marks identical and/or deceptively similar thereto, and/or misrepresenting itself as an agent of the Plaintiff so as to pass off its products or business or services as that of the Plaintiff or in any manner convey a connection with the Plaintiff;

(d) that the Defendant by itself, its servants and agents, be ordered and decreed to deliver up for destruction, to the Plaintiff or its authorized representatives or attorney, all products, labels, containers, logos, cartons, material, boards, goods, things bearing the Plaintiff's trade marks and/or GOSS INTERNATIONAL and/or any other mark and/or label identical or deceptively similar thereto;

Order in terms of the consent minutes of order. All undertakings given in the consent minutes of order are accepted and so ordered. All statements are accepted as undertaking to this Court. Court receiver stands discharged without passing of accounts. Plaintiff's counsel undertakes to pay all charges of the court receiver, if any, within 15 days of receiving a communication from the court receiver. Undertaking accepted.

Suit stands disposed in terms of the consent minutes of order. Notice of motion accordingly stands disposed. All interim/adinterim orders also stand vacated. Refund of court fees, if any in accordance with rules. All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)