Colgate Palmolive Company And ANR v. Arun Vasant Narkar

934-NMCDL-141-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 141 OF 2016 IN COMMERCIAL SUIT NO. 198 OF 2016 AND COMMERCIAL SUIT NO. 198 OF 2016 Colgate Palmolive Company and Another ...Plaintiffs

Versus

Mr. Arun Vasant Narkar ...Defendant Mr. Rashmin Khandekar, with Ms. Preety Singh, Ms. Shruti Katakey, Mr. Varun Satiya i/b Chitnis and Company for the Plaintiffs.

Ms. Lalita S. Phadke, with D.A. Bhalerao for the Defendant. CORAM: G.S. PATEL, J DATED:

22nd November 2016 PC:- 1.

There was an ad interim order dated 14th October 2016. That order was clarified on 27th October 2016. The Defendant having since been served has filed an Affidavit in Reply. In paragraph 14 of this reply, the Defendant while denying any infringement of the mark and the label states on Affidavit that he is ready and willing to stop and withdraw his product under the impugned design and packing material. The learned Advocate for the Defendant clarifies 22nd November 2016

934-NMCDL-141-2016.DOC that what is agreed to be withdrawn from the market and not produced and manufactured any further is the product as also packaging.

2.

Paragraph 14 of the Affidavit in Reply is set out in full: 14.

I say and submit that without prejudice the contention that I have not imitated or committed the infringement of copyright and trade mark of the House mark 'Colgate', Design of 'Colgate Super Flexi' and the distinctive label of Plaintiff No. 1 and 2, that I am ready and willing to stop and withdraw my product under the impugned colour design of packing material since I have not registered my packing material even though I printed much prior to the Plaintiff's product.

3.

In view of this, the ad interim order is confirmed as the final order on the Notice of Motion. The Notice of Motion is disposed of in these terms with no order as to costs.

4.

By consent the Suit is taken up for directions. Written Statement to be filed and served on or before 20th January 2017. Discovery and inspection within two weeks thereafter. Suit to be listed for framing issues on 14th February 2017. (G. S. PATEL, J.) 22nd November 2016