ARCEE ELECTRONICS THROUGH ITS PARTNER DEV SHARMA vs ARCEEIKA

Judgment text excerpt

2025:BHC-OS:13596 Megha 62_ial_19292_2024_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT (L) NO.19290 OF 2024 WITH INTERIM APPLICATION (L) NO.19292 OF 2024 WITH LEAVE PETITION (L) NO.19291 OF 2024 IN COMMERCIAL IP SUIT (L) NO.19290 OF 2024 M/s. ARCEE Electronics, a partnership Firm. ...Plaintiff V/s. M/s. ARCEEIKA and Ors. ...Defendants WITH INTERIM APPLICATION (L) NO.32557 OF 2024 IN COMMERCIAL IP SUIT (L) NO.19290 OF 2024 Thiya Distribution and Logistics Pvt. Ltd. M/s. ARCEE Electronics, a partnership Firm. ...Plaintiff V/s. M/s. ARCEEIKA and Ors. ...Defendants ______________ Mr. Subhradeep Banerjee i/b. Mr. Navin P. Sachanandani for the Plaintiff. Mr. Hiren Kamod with Mr. Rakesh Sawant, Mr. Prem Khullar, Ms. Shamiyana H. & Mr. Rahul Patil i/b. M/s. Arhat Legal for Defendant Nos.1 and 2. ______________ Page No. 1 of 18 11 August 2025 Megha 62_ial_19292_2024_fc.docx CORAM: SANDEEP V. MARNE, J. DATED: 11 AUGUST 2025. Oral Judgment: 1) Plaintiff has instituted the present Suit for infringement of its registered trademark ‘ARCEE’ and also for the tort of passing off. 2) Plaintiff is a partnership firm. It is engaged in the business of sale of electronic goods through various showrooms set up by it. Plaintiff claims that it is registered proprietor of the mark ‘ARCEE’. Plaintiff has set up a network of showrooms for sale of electronic goods at various locations such as Vashi, Nerul, CBD Belapur, Kamothe, Kalamboli, Uran, Ulwe, Panvel, Ghansoli and Airoli. Plaintiff also has stores in Alibaug, Karjat, Khopoli, Neral, Pen, Roha, Mangaon and Mahad in Raigad District. Plaintiff claims that it has 23 showrooms, one head office and 1 warehouse in Navi Mumbai and Raigad District. Plaintiff has given details of his turnove