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3 Important Calcutta High Court Judgments Pronounced Today [Wednesday, October 3, 2018]

1. Shambhu Nath & Brothers v. Imran Khan

Copyright Act, 1957 - Section 62 - Trade Marks Act, 1999 - Sections 17, 134 - Trade & Merchandise Marks Act, 1958 - On comparison of the said two marks and having regard to the field of activity and the nature of the products, there cannot be any doubt that the mark "SNJ TOOFAN" is deceptively similar to the mark "TOOFAN" already registered in favour of the petitioners. In fact, the marks of the petitioners are infringed by user of the said infringing marks which clearly shows the dishonest intention of the said respondent to ride on the reputation of the petitioners. That the respondent is seeking to pass off his goods as that of the petitioners is prima facie established. The balance of convenience is also in favour of passing an order of injunction in favour of the petitioner. Under such circumstances, there shall be an order in terms of prayer (a) of the petition.

Bench : Soumen Sen, J.



2. Yasmin Khalique v. Mukhtar Alam

Arbitration and Conciliation Act, 1996 - Section 9 -  Indian Partnership Act, 1932 - Sections 4, 9, 14, and 16 - the petitioners have made out a prima facie case and the balance of convenience and inconvenience also lies in their favour for obtaining interim production. Accordingly, there shall be a order of injunction restraining the respondent whether by himself or through his agents or assignees or nominees or otherwise however from running a parallel business of manufacturing or dealing with or selling " Musa Ka Gul" or "Tobaco Gul", by the name of M/S M. S. Industries or in any manner whatsoever until the publication of the arbitral award. The respondent is also restrained from making any false allegation or writing any frivolous letter to any statutory authority or to any person whosoever affecting the business of the petitioner no. 3 firm, until publication of the arbitral award.

Bench : Ashis Kumar Chakraborty, J.

3. Sifandros Carrier Ltd. v. Lmj International Ltd.

Arbitration and Conciliation Act, 1996 - Sections 15, 16, 48 - English Arbitration Act, 1996 - Sections 15, 17, 18, 57 - Arbitral Tribunal - Procedure for appointment of arbitrartors - Enforceability of a Foreign Award - Power in case of default to appoint sole arbitrator - Correction of award or additional award - Power in case of default to appoint sole arbitrator - Whether a common award passed by two arbitrators would be invalid in light of section 11(2) of the Indian Arbitration Act, which provides for appointment of a third arbitrator who shall preside over the arbitration in case the tribunal consist of two arbitrators.

Bench : Soumen Sen, J.

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