9911796707
TMI Blog2022 (9) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... r, if there are any details available with the Customs Department in respect of importer, seller or manufacturer, as per the bill of lading or any other documents, the same may be intimated to the Plaintiffs upon request - 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 mark in the said container no. ECNU4006477, have been allowed to enter India. Accordingly, the injunction is also not required to be passed in view of the statement made in the written statement by the customs authorities. The Plaintiffs are free to take action in accordance with law, either in India, or in other foreign jurisdictions. The present suit is disposed of. X X X X Extracts X X X X X X X X Extracts X X X X ..... '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 carrying the container with the impugned products, have also been extracted in the plaint. It is averred that the products in the said container were named as 'CONAETE COOL-ICE', and are nearly identical or confusingly/deceptively similar to the Plaintiffs' product - 'COLGATE MAX FRESH', as also the carton packaging. 7. The Plaintiffs found that the Defendant No. 1's entire packaging was an imitation of the Plaintiffs' packaging. The distinctive colour scheme, blue and red colour combination with a white cap, bold font ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s' documents." 11. On 30th November, 2022, i.e., the next date of hearing, ld. Counsel for Defendant No. 2, had assured that the customs department would not allow the import of the impugned goods found in the impugned container no. ECNU4006477, into India. The said statement was recorded in the following terms: "5. Mr. Anurag Ojha, learned counsel for the defendant No.2 submits that the Customs Authorities shall not allow the import of the goods in Container No.ECNU4006477 coming from Ningbo, China via the Vessel called Singapore Bridge/2106 from Mundra Port, Kachchh, Gujarat. This assurance is noted and accepted." 12. Since then, it is stated that the Defendant No. 2 has filed the written statement, which is not yet on record due to non-filing of admission/denial affidavit. The Registry is directed to place the written statement 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 M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 suspected to be goods infringing intellectual property rights, he shall suspend the clearance of the goods. (b) The Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, may, on his own initiative, suspend the clearance of goods, in respect of which he has prima-facie evidence or reasonable grounds to believe that the imported goods are goods infringing intellectual property rights. (2) The Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, shall immediately inform the importer and the right holder or their respective authorised representatives through a letter issued by speed post or through electronic mode of the suspension of clearance of the goods and shall state the reasons for such suspension 16. The customs authorities in this case, have already categorically made a statement that the subject container consisting of the infringing products has not been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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