Calcutta High Court: In a question raised before the Court as to whether an importer/ distributor of the goods which is manufactured/ exported from some other country can claim the proprietorship over the trademark which is used by the manufacturer/ exporter of that goods, the bench of I.P. Mukerji J., refused to pass an interim order to restrain the defendant from using the said mark and directed the defendant to maintain accounts of their sale from the date of filing of this application till the suit is decreed.
In the instant case, both the plaintiff and the defendant are engaged in business relating to import of sewing machines, cutting machines etc. from
The Court rejected the contention of the plaintiff that the machines were manufactured in China and the mark “LIPU” was imprinted on the machines on the instructions of the plaintiff. Court observed that the plaintiff’s as well as the defendant’s application for registration of the mark is still pending. The Court noted that “LIPU” is a region in
The Court disposed of the application by refusing to pass an interim order to restrain the defendant from using the mark, as the proprietorship over the mark remains only with the manufacturer/ exporter of the goods. Sunny Sales v. Binod Khanna, 2014 SCC OnLine Cal 18505, decided on