IN THE HIGH COURT OF DELHI AT NEW DELHI
M/S J.C. BAMFORD EXCAVATORS LTD. and ANR. ..... Plaintiffs
Through : Mr. Pravin Anand, Adv.
BULL MACHINES PVT. LTD. ..... Defendant
HON'BLE MR. JUSTICE G.S.SISTANI
O R D E R
1. This is an application filed by the plaintiffs seeking exemption from
filing documents with proper margins.
2. Exemption allowed, subject to plaintiffs? filing documents, sought to
be relied upon by them, with proper margins within ten weeks from today.
Application stands disposed of.
3. This is an application filed by the plaintiffs seeking enlargement of
time in filing the court fee.
4. Let the court fee be filed within one week from today.
5. Application stands disposed of.
6. This is an application filed by the plaintiffs seeking permission of
this Court to file confidential documents in a sealed cover.
7. Plaintiff is permitted to file confidential documents, sought to be
relied upon by the plaintiffs in a sealed cover.
8. Application stands disposed of.
CS(OS) 2934/2011 and I.A.NO.18812/2011 (O XXXIX Rules 1 and 2)
9. Plaintiffs have filed the present suit for permanent injunction
restraining piracy of registered designs, infringement of copyright,
passing off, damages and delivery up.
10. Issue summons in the suit and notice in the application to the
defendants, returnable on 7.2.2012.
11. Learned counsel for the plaintiffs submits that plaintiffs are a part
of JCB Group, which is one of the world?s largest manufacturers of
construction, earthmoving, agricultural and material handling equipment
industry and a market leader in many of 150 countries where its machines
are sold. Plaintiffs are manufacturers and merchants inter alia of
construction and material handling machinery including Backhoe Loader,
Hydraulic excavators, articulated loading shovels and parts, attachments
and components thereto. Counsel further submits that plaintiffs have
recently shocked to discover that defendant?s Backhoe Loader under the
brand BULLSMART at EXCON-2011 inaugurated on 23.11.2011 in Bangalore. The
said product comprises of components and parts that are identical to the
parts of backhoe loader of the plaintiffs in which plaintiff no.2 has
design registrations. Counsel next submits that to the best of
plaintiffs? information the defendant is yet to commence sale of its
products in India. The impugned products are also
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displayed on the defendant?s website http://www.bullindia.com, which does
not seem to be fully functional. Counsel for the plaintiffs has relied
upon page 13 of the plaint, wherein the plaintiffs have extracted the
comparison of defendants impugned Backhoe Loader, to show that designs of
the defendant are almost identical design as that of the plaintiffs?
uniquely designed components/parts and infringement of its Registered
designs bearing nos.200016, 200019, 200017, 200018.
12. Learned counsel for the plaintiff submits that by adopting designs
that are identical to that of the plaintiffs? world famous Backhoe
Loaders designs in appearance and get up, the defendant is attempting to
attract customers by offering them products which are not rightfully
designed or created by the defendant and are consequently being
misrepresented by the defendant as being from a source which is the same
or is connected with the plaintiffs. Counsel further submits that the
offending designs by the defendant are likely to cause irreparable harm
and injury not only to the plaintiffs but also to the members of the
public as the products of the defendant are far inferior to the products
of the plaintiffs. Counsel in these circumstances prays for ex parte ad
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13. I have heard counsel for the parties and also perused the plaint,
application and the documents filed along with the plaint. I am satisfied
that it is a fit case for grant of ex parte ad interim injunction.
Accordingly, till the next date of hearing, defendant, its partners,
proprietors, principal officers, affiliates, servants, agents,
representatives, dealers or all others acting for an on behalf of the
defendant are restrained from making, selling, offering for sale,
dispatch, advertising, directly or indirectly dealing in/launching
Backhoe Loaders bearing components that are:
(a) obvious and fraudulent imitations of the designs of the plaintiffs?
various components of the backhoe loaders amounting to infringement of
plaintiff?s no.1 registered designs no.200016, 200017, 200018 and 200019;
(b) substantial reproduction of the plaintiffs? various components?
drawings amounting to infringement of the plaintiff?s copyright;
(c) Defendant is also restrained from putting the impugned machines on
display in any of its stall in the Exhibition, which is being held at
EXCON 2011, Bangalore International Exhibition Centre, Bangaluru,
14. Plaintiffs shall comply with the provisions of Order XXXIX Rule 3 CPC
within 15 days from today.
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15. This is an application filed by the plaintiff for appointment of
three Local Commissioner to inspect the premises of the defendant, take
into custody all the impugned designs/components/brochures/pamphlets of
the defendants and make an inventory of the same with regard to the
defendant?s Backhoe Loader under the brand BULLSMART.
16. Accordingly, Mr. Rohan Bagai, Advocate, (Cell No.9811060391) is
appointed as Local Commissioner, who shall visit the Stall of Bull
Machines Private Limited, EXCON 2011, Bangalore International Exhibition
Centre, Bangaluru, Karnataka, Karnataka, India; Mr. Karan Burman,
Advocate, (Cell No.9958019898) is appointed as a Local Commissioner, who
shall visit Bull Machines Private Limited, SF No.5/1 ? A, Trichy Road
by-pass Junction, Coimbatore 641103, Tamil Nadu, India; and Ms. Preeti
Dalal, Advocate, (Cell No.9811060391) is appointed as Local Commissioner,
who shall visit Bull Machines Private Limited, H 101, Sector 63, NOIDA
201301, Uttar Pradesh, India. The Local Commissioners will take into
custody all the goods/products/components/brochures/pamphlets including
moulds used for making the parts comprising of infringing designs,
packaging material, cartons, stationery and any other material bearing
the impugned designs; make an inventory of the same and hand over the
same to the defendant on superdari, however, one
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copy of each of the packaging material, cartons, stationery will be
seized and retained by the Local Commissioners. The Local Commissioners
will be entitled to police aid. The fee of the Local Commissioners for
Bangaluru and Coimbatore is fixed at Rs.75,000/-, each, and for NOIDA
Rs.60,000/- besides all out of pocket expenses.
17. Let a copy of this order be given DASTI to counsel for the plaintiffs
under the signatures of Court Master/Private Secretary.
NOVEMBER 25, 2011
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