The Intellectual Property Board Quashes A Complaint Pending Before The Judicial Magistrate First Class (JMFC)

In Sun Textile Engineers & Ors (Petitioner/ Accused) v State of Gujarat & Anr (Respondent / Complainant), the Petitioners being the original accused, sought for quashing of the complaint pending before the Judicial Magistrate First Class (JMFC), Surat on the ground that the complaint did not disclose any offences mentioned in the complaint.

In the impugned complaint, the offences mentioned against the Petitioners were those punishable under Section 101 to 104 of the Trade Marks Act, under Section 63 of the Copyright Act and under Section 420 of the Indian Penal Code (IPC). The Respondent / Complainant, contended, inter alia, that they, a manufacturer of bulk transporters with air slide discharge system, were selling such products throughout India under the trade name "ACC- "ShimMaywa". Further, that the customers and purchasers of such machines associated the product; with the trade mark "ACC ShinMaywa Bulk Transporter" of which the Complainant company held the