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2022 (9) TMI 1307
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....t injunction, restraining infringement of trademark, copyright, trade dress etc. against unknown Defendants, described as John Doe(s), as also the Central Board of Indirect Taxes & Customs (CBITC)/Defendant No. 2. The Plaintiffs are the manufacturers and sellers of oral health care, personal care, household surface care and fabric care products including toothpaste under the well-known mark 'COLGATE', which was adopted in 1806. 'COLGATE' is one of the leading products in the oral healthcare segment, across the world, as also, in India. It is one of the Fortune 500 companies and its products are available in over 4 million retail outlets in the world. The Plaintiffs have won several awards since they entered into business in India in 1937, a....
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....ks which are deceptively/ confusingly similar to the Plaintiffs' mark. 5. The grievance of the Plaintiffs is that, in October, 2021, a container bearing number ECNU4006477, containing approximately 3,600 pieces of infringing toothpaste, bearing the mark/name 'CONAETE COOL-ICE' had been shipped from Yiwu City to Ningbo Port (China), and finally the container was to be discharged at Mundra Port, India. The details of the same are set out hereinbelow: Container No. ECNU4006477 Date of Loading Oct. 23,2021 Date of Departure Oct. 24, 2021 Vessel/Voyage SINGAPORE BRIDGE/2106 Place of Discharge Mundra, India ET A at place of Discharge Nov. 10, 2021 6. The Plaintiffs tracked the said container on the basis ....
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.... for commerce only, but includes importation for transit across the country. Our interpretation, far from being inconsistent with any principle of international law, is entirely in accord with International Conventions and the Treaties between India and Nepal. And, that we think is as it should be" 9. Accordingly, the reliefs set out in the prayer, and sought against Defendant No. 1, are for permanent injunction, restraining manufacture, sale, export, import of the infringing goods, delivery up, etc. The reliefs sought against Defendant No. 2, are in the following terms: "An order directing the Defendant No. 2 to immediately freeze the contents of the Container No. ECNU4006477 coming from Ningbo, China via the vessel called SING....
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....urance is noted and accepted." 12. Since then, it is stated that the Defendant No. 2 has filed the written statement, which is not yet on record due to non-filing of admission/denial affidavit. The Registry is directed to place the written statement on record. However, it is submitted by ld. Counsel for the Defendant No. 2 today, that the import of the contents of the said container into India, has not been permitted by the custom authorities. 13. At present, a copy of the written statement has been handed over to the Court by the ld. Counsel for Defendant No. 2. The same has been filed by Mr. Mukesh Kumar Karela, from the Deputy Commissioner's Office of the Principal Commissioner Customs, Mundra, Gujarat. In the written statement, it....
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.... Intellectual Property Rights is governed by the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (hereinafter "IPR Rules"). As per the said rules, import of any counterfeit products or products which violate IP rights of trademark owners, copyright owners, etc., is not permissible. The customs authorities have to, upon complaint received from any IP owner, or on its own accord, form an opinion qua the infringement of the IP rights. Upon forming an opinion, the import or sale of products which violate rights of IP owners including trademark, copyright, etc., would have to be stopped by the customs authorities. Section 7 of the IPR Rules deals with the suspension of the clearance of imported goods, and has been copied he....
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....not press for any further relief in this matter. However, if there are any details available with the Customs Department in respect of importer, seller or manufacturer, as per the bill of lading or any other documents, the same may be intimated to the Plaintiffs upon request. This has also been provided for in Section 9 of the IPR Rules, extracted hereinbelow: "9. Supply of information to the right holder. - At the request of the right holder, the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, shall inform the name and address of the importer and without prejudice to the protection of confidential information the Deputy Commissioner of Customs or Assistant Commissioner of Custom....