Skipper Ltd vs Nitish Kumar Mahansaria
2021 Latest Caselaw 1411 Cal/2

OC-1
                           IA NO. GA/1/2021
                            IN CS/217/2021
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                        COMMERCIAL DIVISION


                               SKIPPER LTD.
                                 VERSUS
                        NITISH KUMAR MAHANSARIA



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 10th November, 2021.
  [Via Video Conference]

                                                                       Appearance:
                                               Mr. Rudraman Bhattacharya, Adv.
                                                            Mr. Sidhar Das, Adv.
                                                     Mr. Satyaki Mukherjee, Adv.
                                                           Mr. Sayak Mitra, Adv.
                                                            Ms. Riya Datta, Adv.
                                                           Mr. Arnab Dutta, Adv.
                                                             . . .for the petitioner.



        The Court: This interlocutory application is with regard to infringement

 of trademark under Section 29 of the Trade Marks Act, 1999.

        Mr. Rudraman Bhattacharya, counsel appearing on behalf of the

 petitioner/plaintiff submits that the petitioner has been using the mark

 "SKIPPER" and has obtained registration over the word "SKIPPER" per se and

 also over the stylised manner of the word "SKIPPER". He has placed on record

 the certificates issued by the trademark authority that indicates registration

 having been granted from 2010 onwards. He has further submitted that the

 defendant is using the said mark, which infringes on the right of the petitioner.
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      He has relied on two judgments [Assam Roofing Ltd. & Anr. vs. JSB Cement

      LLP & Anr. reported in 2015 SCC OnLine Cal 6581 : AIR 2016 Cal 41: (2016) 2

      Civ LT 393 : (2016) 68 PTC 37 and Laxmikant V. Patel vs. Chetanbhai Shah

      and Anr. reported in (2002) 3 Supreme Court Cases 65 : 2001 SCC OnLine SC

      1416] to buttress for ex parte ad interim order of injunction.

             Upon perusal of the documents, I find that the plaintiff/petitioner has

      made a prima facie case and accordingly prayers (a) and (c) of the notice of

      motion are granted.

             Petitioner is directed to communicate the order passed in Court today

      immediately upon the defendant/respondent and comply with the provisions of

Order 39 Rule 3 of the Code of Civil Procedure, 1908.

The matter is made returnable after two weeks. The

defendant/respondent shall be at liberty to file an application for vacating, if

so advised.

The interim order passed above is for a period of four weeks from date.

(SHEKHAR B. SARAF, J.)

Sp/