1 nms-158-s-117-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 158 OF 2011 IN SUIT NO. 117 OF 2011. Hindustan Construction Company. ..Plaintiff. vs. HCC Logistics Pvt. Ltd. ..Defendant. .... Mr. Venkatesh Dhond, Senior Counsel, a/w. Mr. Amit Jamsandekar, i/b. Krishna & Saurashtri Assoc., for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 24TH JANUARY 2011. P.C. By this Suit, the Plaintiff seeks to restrain the Defendant by perpetual order and injunction from using in relation to their logistic services and/or any other commercial activities, business and/or services, the name and mark ‘HCC’ in any manner whatsoever and/or any other word, mark, name or expression which is identical with and/or deceptively similar in any manner whatsoever to the Plaintiff’s name and/or mark ‘HCC’ so as to infringe the Plaintiffs’ registered trade marks inter-alia containing the expression and mark ‘HCC’ (labels) registered under No.466669 (class 16), 466670 (class 19), 1423150 (class 37), 1596443 (classes 19, 36 and 37), 1649516 (classes 16, 19, 36 and 37), 1661067 (classes 16, 19, 36 and 37), 1661068 (classes 16, 19, 36 and 37). The Plaintiff has also sought to restrain the Defendant by perpetual order and injunction from using in relation to their logistic services and/or any other commercial activities, business and/or services, the 2 nms-158-s-117-11 name and mark ‘HCC’ in any manner whatsoever and/or any other word, mark, name or expression which is identical with and/or deceptively similar in any manner whatsoever to the Plaintiff’s name and/or mark ‘HCC’ so as pass off and/or enable others to pass off the Defendant’s business and/or commercial activities and/or business and/or logistics services as and for that of the Plaintiff and/or connected with the Plaintiff. 2. By the above Notice of Motion, the Plaintiff has sought an order and injunction restraining the Defendant from using in relation to their logistics services and/or any other commercial activities, business and/or services, the name and mark HCC in any manner whatsoever and/or any other word, mark, name or expression which is identical with and/or deceptively similar in any manner whatsoever to the Plaintiff’s name and/or mark HCC so as to infringe the Plaintiff’s registered trade marks inter alia containing the expression and mark HCC (labels) registered under No.466669 (class 16), 466670 (class 19), 1423150 (class 37), 1596443 (classes 19, 36 and 37), 1649516 (classes 16, 19, 36 and 37), 1661067 (classes 16, 19, 36 and 37), 1661068 (classes 16, 19, 36 and 37) and has further sought an order and injunction restraining the Defendant so as to pass off and/or enable others to pass off the Defendant’s business and/or commercial activities and/or business and/or logistics services as and for that of the Plaintiff and/or connected with the Plaintiff. 3. It is Plaintiffs case that the Defendant is carrying on business in the name of HCC Logistics Private Limited. The Plaintiff has set out in detail as to how thereby Plaintiff’s registered trade mark is infringed and how the Defendant is likely to dilute the distinctiveness and distinctive character of Plaintiffs’ trade mark ‘HCC’ and how the Defendant by adoption of the impugned trade 3 nms-158-s-117-11 mark and/or mark is attempting to pass his business as mentioned in paragraph 18 to 22 of the Plaint. 4. The Defendant has addressed a letter dated 20th January 2011 informing the Plaintiff that the Defendant do not intend to cause any harm to the Plaintiff-Company and do not intend to do so in future. They have also informed the Plaintiff that they are taking steps to get their name changed. In view thereof, the Defendant is granted time upto 5th April 2011 to get its name changed. Injunction in terms of prayer clauses (a) and (b) of the Notice of Motion shall start operating from 6th April 2011. The Notice of Motion is accordingly disposed of. 5. Plaintiff shall forthwith serve a copy of this order on the Defendant if possible by hand delivery. [ S.J. KATHAWALLA, J. ]