Trademark Suit Demo

TRADE MARK - PASSING OFF SUIT
IN THE HON’BLE COURT OF JOINT C.J.J.D,

AND J.M.F.C, BELAPUR.
Suit NO.- OF 2023
X Company Ltd., a company registered under the Companies Act 1956 with
its registered office at ................ within the said jurisdiction
...Plaintiff
V/s
M Company Limited, a company registered under the Companies Act 1956

and doing business at ................outside the said jurisdiction
...Defendant
The plaintiff states:
1. The plaintiff is trading in manufacturing and dealing in Electronic

goods …... The plaintiff having agents in deferent places in India for
vending its products. The plaintiff's products have won best
reputation as its products bear distinguished features in set up shape,
size, layout marking and packaging.
2. The plaintiff is using its Trade Mark X whole its products. The vending
of plaintiff s products are sound base both in side and out side in
India.
3. For previous seven years plaintiff has advertised its products under its
said Mark by spending and amount of rupees seven lakh due to that.
4. Due to prolonged advertisement and vending of products public joined

the said mark … to the plaintiff and with the plaintiff's products.
Hence the plaintiff enjoys good /reputation in India and out side India
including Bombay within the powers of this Hon’ble Court.
5. The goods of plaintiff are produced in Bombay and vended in side and
out side India. Details of sales for previous 5 years are appended in
Schedule enclosed marked 'B'. Copies of deferent newspaper cuttings
of advertisements are enclosed herewith combinedly marked 'C'.
Details of advertisement costs annually are stated in a Schedule
enclosed hereto marked 'D'.
6. The plaintiff abided whole compulsory legal formalities and

enactments for registering of its products under Trade Mark
…... ,which Trade Mark ….. was registered with the Registrar of Trade
Marks, …….Bombay bearing Trade Mark No. 1 in Class I relating to
electronic goods with computers both software and hardware. The
Office of the Registrar of Trade Marks, the concerned Register with
Record bearing registration of plaintiff's said products are within the
jurisdiction of this Hon'ble high Court. Certified copies of application
with Certificate of Registration are enclose hereto collectively marked
E)'.
7. The said mark …..became very famous among the buyers of the
plaintiff's products and the Mark … became very much concerned
with the plaintiff's products.
8. On or about date……year…….. plaintiff's was intimated by Trade

Marks Registry, Bombay that respondent has applied for registration
of the alleged Trade Mark …..for alike goods as that of the plaintiff. A
copy of the Letter of Registrar of Trade Marks, Bombay is enclose
hereto marked 'F' intimating to plaintiff said application of the
defendant.
9. The defendant has been erroneously vending the electronic computers

and goods software and hardware through its vending outlets in
Bombay bearing said Trade Mark ….within the jurisdiction of this
Hon'ble Court. Copies of some cash memos showing dealer's name,
address, goods and the Trade Mark using thereby are enclosed hereto
collectively marked 'G'.
10. The plaintiff says that vending of said products by defendant under
Trade Mark …..has amounted to by passing the plaintiff's goods as the
goods of alike nature under a fraudulently alike Mark. The defendant
has hence breached the plaintiff's said Trade Mark inasmuch as the
goods marked XZ is fraudulently alike to that of plaintiff's Trade Mark
XY and the goods are alike and of the same description.
11. The defendant's Trade Mark has been so higher alike to the plaintiff's
Trade Mark that the defendant has been passing off its goods as that
of plaintiff's goods and/or defendant is enabling the others to do
similarly and hence defending is getting the last benefit out of
goodwill/ reputation of plaintiff which good will was enjoyed by him
for previous many years. This goodwill was setup at highest cost of
plaintiff.
12. The plaintiff says that conduct of defendant relating to vending

/advertising of its products has been deceptive cheating in king as
much as same are computed to cheat the buyer of the plaintiff's goods
into assuring that products of defendant are extremely alike to and
extremely related with plaintiff. Thus The public have been wondering
about source /origin of products which are very much alike and/or of
alike detail.
13. The defendant due to such vending and advertisements causing

highest injury and loss to public along with plaintiff. The plaintiff has
sustained and still sustaining and will continue to sustained highest
loss and injury on defendant continuing with its erroneous actions by
defendant. Un till full discovery is made about vending of product of
defendant the plaintiff can not assert the total amount sustained by it
and it likely to be sustained by plaintiff owing to erroneous actions of
defendant.
14. The loss of money or injury done to plaintiff by erroneous actions and
conduct of defendant can not be calculated and there for the
indemnification in money can not be sufficient and adequate for the
damage and loss sustained or to be sustained by the plaintiff.
15. The plaintiff claiming handing over of the breaching dies, blocks,
labels etc. for destruction and cancellation . The plaintiff says that the
defendant can not vend its products or advertise it in market under
the Trade Mark …. and hence defendant should be restrained from
vending its products under the Mark …… or advertising the same.
15. cause of action for plaintiffs for suing is emerging day by day because
the defendant is passing off its products as the products of plaintiff,
inter alia, in Kerla and Bangalore outside the said jurisdiction and in
Bombay within the jurisdiction of this Hon'ble Court day by day and
every day till date and desires in continuing same.
16. The plaintiff's statutory cause of action emerged in Bombay where

defendant vended its products erroneously under the Trade Mark ….
alike to the mark of plaintiff cheating the general public into belief
that they have been buying the goods of plaintiff. The office of Trade
Marks Registry is located at ……Bombay within the jurisdiction of this
Hon'ble Court where the plaintiff's said Trade Mark…is registered. As
the said passing off occurred both within and out side the said
jurisdiction the plaintiff prays for leave under cl. 12 of the Letters
Patent to file this suit in this Hon'ble Court because portion of cause
of action arose within the jurisdiction of the Hon'ble Court and portion
of cause of action arose in ….. with the defendant is manufacturing
the goods and packing the same with the deceptive Mark ……. and
vending the same with intention of passing off the same as goods of
plaintiff outside the jurisdiction of this Hon'ble Court.
17. The plaintiff has other claims and also other causes of action for
continuing breach of plaintiff's Trade Mark and passing off defendant
products as product of plaintiff. Hence the plaintiff bear other claims
which cannot be calculated now and prays for leave under Or. 2, r. 2
of the Code of Civil Procedure 1908 for taking future and proper valid
proceedings in such venue as the plaintiff may be advised.
18. For purposes of jurisdiction/court fees value of suit is Rs......... on

which court fees per stamps have been paid and hence this Court
have been jurisdiction in allowing, trying and deciding this suit.
The plaintiff hence prays for leave per Clause 12 of the Letters Patent
per Or. 2, r. 2 of the Code of Civil Procedure 1908 and claims:
a. Permanent stay order restraining the defendant, its servants,

agents and representatives from erroneously vending the products
or offering for vending or otherwise dealing in any goods alike to
the goods of the plaintiff per Trade Mark …. or any other Mark
deceptively alike to plaintiff's Trade Mark …..;
b. A Decree due to profits earned by defendant by wrongful use of the

mark …. alike to mark of plaintiff's Trade Mark ….. and a decree
for such money favouring the plaintiff against the defendant as
may be found due on calculating the accounts
c. Investigation into damages sustained by plaintiff owing to

erroneous action of the defendant and a decree against the
defendant for the amount found due on such investigation;
d. Decree for handover of breached labels, blocks, dies etc. with

advertising and packing materials and demolition thereof;
e. Receiver;
f. Attachment;
g. Injunction;
h. Costs;
i. Other and Further reliefs as the plaintiff legal right and per equity.
Name and address of the plaintiff's Advocate
Signature of the plaintiff

Verification
I, ....................... son of......................... by occupation service

residing at....................... do hereby solemnly affirm on oath and say
as under:
1. I am Constituted Attorney/principal officer of the plaintiff and hence I

am competent to sign this plaint and all petitions, Vakalatnama and
affirm affidavits on behalf of the plaintiff.
2. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose.
3. The statements appended in the paragraphs 1 to 16 of the foregoing
plaint inclusive of cause title thereof are true to my best knowledge
basing on records kept by plaintiff and believed by me to be true and
those stated in paragraphs 17 to 19 are my humble submissions
before this Hon'ble Court.
Solemnly affirmed by the said Mr. ...................... at the Court House

in Bombay on this ....... day of..........
Sd/
Before me Commissioner

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TRADE MARK - PASSING OFF SUIT

IN THE HON’BLE COURT OF JOINT C.J.J.D,

M Company Limited, a company registered under the Companies Act 1956

The plaintiff states:

1. The plaintiff is trading in manufacturing and dealing in Electronic

4. Due to prolonged advertisement and vending of products public joined

6. The plaintiff abided whole compulsory legal formalities and

8. On or about date……year…….. plaintiff's was intimated by Trade

9. The defendant has been erroneously vending the electronic computers

12. The plaintiff says that conduct of defendant relating to vending

13. The defendant due to such vending and advertisements causing

16. The plaintiff's statutory cause of action emerged in Bombay where

18. For purposes of jurisdiction/court fees value of suit is Rs......... on

a. Permanent stay order restraining the defendant, its servants,

b. A Decree due to profits earned by defendant by wrongful use of the

c. Investigation into damages sustained by plaintiff owing to

d. Decree for handover of breached labels, blocks, dies etc. with

Name and address of the plaintiff's Advocate

Signature of the plaintiff

I, ....................... son of......................... by occupation service

1. I am Constituted Attorney/principal officer of the plaintiff and hence I

Solemnly affirmed by the said Mr. ...................... at the Court House

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