9911796707
TMI Blog2022 (9) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, and currently have an employee strength of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oximately 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 of inputs received from its Chinese counterparts and the tracking details of the container have also been placed on record. Photographs of the cartons containing the toothpastes, the container and the truck carr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 SINGAPORE BRIDGE /2106 and to divulge the details of the goods contained therein, the details of the importer, the value and number of the goods, the documents submitted by the importer etc. to the Plaintiffs;" 10. Vide order dated 29 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 is averred that the import of the impugned goods has not been permitted by the Customs Authorities into India. The relevant portion of the written statement has been copied hereinbelow: "9. That it is further submitted that on 29.11.2021 this Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yright 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 hereinbelow: 7. Suspension of Clearance of Imported Goods: (1)(a) Where the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, based on the notice given by the right holder has a reason to believe that the imported goods are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Customs, as the case may be, may also provide additional relevant information relating to the consignment which has been suspended from clearance." 18. The Defendant No. 2 having not permitted imports of the impugned products, paragraph 5 of the prayer clause stands satisfied. None of the goods bearing the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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