M/S. Mexico Clothing Company v. M/S. Mexico Apparels

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.324 OF 2017 WITH NOTICE OF MOTION (L) NO.1091 OF 2017 WITH LEAVE PETITION NO.189 OF 2017 IN SUIT (L) NO.324 OF 2017 M/s. Mexico Clothing Company ....Plaintiff Vs.

M/s. Mexico Apparels ....Defendant ---- Mr. B.N. Poojari i/b. Mr. D.R. Makhija for plaintiff. Mr. Dharmesh V. Bulani, Constituted Attorney of the Proprietor of defendant is present.

---- CORAM : K.R.SHRIRAM, J.

DATE : 17th JULY, 2017 P.C.:

Parties have amicably settled the matter. The consent terms dated 15th July, 2017 signed by the Proprietor of plaintiff and the Proprietor of defendant and the Constituted Attorney of defendant and the Advocate for plaintiff is taken on record and marked 'X' for identification. Suit stands decreed in terms of prayer clauses - (a) and (b) which read as under :

"(a) that the defendant, by itself, its proprietor, partners, servants, employees, agents, dealers, stockists, distributors and all persons claiming under them be restrained by an order and perpetual injunction of this Hon'ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to the impugned goods and other like goods, the impugned mark "MEXICO" (annexed as Gauri Gaekwad

2/2 27.SL-324-2017.doc Exhibit 'D') or any other mark/s identical with and/or deceptively similar to the plaintiff's trademark or its trading name so, as to infringe the plaintiff's registered trademark "MEXICO" annexed as Exhibit A hereto;

(b) that the defendant, by themselves their respective proprietors, partners, servants, employees, agents, dealers, stockists, distributors and all persons claiming under it be restrained by permanent order and injunction of this Hon'ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to the impugned goods and other like goods, the impugned mark "MEXICO" (annexed as Exhibit 'D') or any other mark/s identical with and/or deceptively similar to the plaintiff's trademark annexed as Exhibit A hereto or its trading name in relation to the impugned goods so as to pass off or enable others to pass off the defendant's goods as and for the plaintiff's goods or in any other manner whatsoever."

All undertakings given in the consent terms are accepted and so ordered.

Notice of motion (lodging) no.1091 of 2017 stands disposed. Leave Petition no.189 of 2017 is allowed.

Suit stands disposed. Refund, if any of court fees in accordance with rules.

(K.R. SHRIRAM, J.) Gauri Gaekwad