:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 402 OF 2006 OF MOTION NO. 402 OF 2006 OF MOTION NO. 402 OF 2006 IN IN IN SUIT SUIT SUIT NO.372 OF 2006 NO.372 OF 2006 NO.372 OF 2006 Raymond Ltd. ..Plaintiff V/s Ravinder Jain,Prop.of M/s Padam Sons ..Defendant Mr.Yash Kapadia i/b M/s Rajani & Associates for the Plaintiff CORAM CORAM CORAM : : : A.A. SAYED, J. A.A. SAYED, J. A.A. SAYED, J. DATE DATE DATE : 3RD OCTOBER, 2008 : 3RD OCTOBER, 2008 : 3RD OCTOBER, 2008 P.C. 1. Heard the learned Counsel for the plaintiff. None appears on behalf of the defendant though served. The affidavit of service of the plaintiff has been filed in support of service of motion. No reply has been filed to oppose the motion. The assertions made in the affidavit in support of motion therefore, remain uncontroverted. 2. The suit is filed to prevent infringement of the registered trade mark and registered copyright and passing of action allegedly committed by the defendant by adopting and using the plaintiff’s :2: registered trade mark and copyright "Raymond" and for other reliefs. 3. This motion has been taken out for the following reliefs:- "(a) that pending the hearing and final disposal of this suit, the Defendant by himself, his servants, and agents, be restrained by an order and injunction of this Hon’ble Court from in any manner using or otherwise howsoever, dealing in relation to the word/ mark "Raymond" or any other mark/logo device/get up identical with or deceptively similar to the Plaintiffs registered trade marks bearing Nos. 193273 and 407166 (Exhibits B and C hereto), so as to infringe the same; (b) that pending the hearing and final disposal of the suit, the Defendant by himself, his employees, servants and agents be restrained by an order and injunction of this Hon’ble Court from in any manner infringing the plaintiffs’ registered copyright bearing registration No. A-52427/93 dated December, 20,1993 at Exhibit D hereto using the word "Raymond" as part of any signage/ hoarding/ facade board or their shop or any other carry bags/poly bags or in any stationery, etc. manner whatsoever; (c) that pending the hearing and final disposal of this suit, the Defendant by himself, his servants and agents be restrained by an order and injunction of this Hon’ble Court from in any manner using or otherwise howsoever dealing in relation to word/mark "Raymond" or any other mark/logo device/get up identical with or deceptively similar to the :3: Plaintiffs registered trademarks bearing Nos. 193273 and 407166 (Exhibits B and C) hereto, so as to pass off the Defendants’ goods/business as and for the goods/business of the plaintiff; (d) that pending the hearing and final disposal of this suit, this Hon’ble Court be pleased to pass an order and injunction of this Hon’ble Court, restraining the Defendant from in any manner using the word "Raymond" or any other words or letters identical with or deceptively similar to the plaintiff’s name or marks, in any material including carry bags/poly bags, gifts articles stationery, pamphlets, etc. containing identical or deceptively similar lettering, layout, colour scheme and getup constituting infringement of the trademark "Raymond". (e) that pending the hearing and final disposal of this suit, this Hon’ble Court, be pleased to appoint the Court Receiver, High Court, Bombay, with all powers under Order XL, of the Code of Civil Procedure, 1908, including the power to enter and search at any time and place (even after sunset) including on holidays, without notice, remove any signage/name board of the Defendant’s shop and/or to seize, erase, destroy all material including stationery, pamphlets, carry bags, etc., bearing the impugned mark and logo or word "Raymond" and all other infringing material." 4. The learned Counsel for the plaintiffs states that leave under clause XIV of Latter Patent has been obtained to combine causes of action in relation to passing off with infringement of trade mark and copyright. :4: 5. Considering the facts and circumstances, prima facie case is made out. Notice of motion is therefore made absolute in terms of prayer clause (a) to (d). 6. Notice of motion is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)