Professional Documents
Culture Documents
Adobe Scan 10-Apr-2023
Adobe Scan 10-Apr-2023
JALANDHAR.
M/'s Simran Sports, 483, Shiv Nagar, Sodal Road, Jalandhar through its
Proprietor Smt. Ranjit Kaur.
...Plaintiff
Versus
1. M/s Zubyco Sports, Floor No. 2, a one Colony, Jamna Nagar, Hapur
Road, Meerut U.P. through its Authorized Signatory.
M/s Super King Sports, Ground Floor, a one Colony, Jamna Nagar,
Hapur Road, Meerut U.P. through its Authorized Signatory.
3 M/s Hashco Sports, First Floor, a one Colony, Jamna Nagar, Hapur
Road, Meerut U.P. through its Authorized Signatory.
4. Amazon Seller Services Pvt. Ltd., 8" Floor Brigade Gateway, World
Trade Centre No. 26/1, Dr. Raj Kumar Road, Malleshwaram (W),
Benguluru Karnataka 560055 through its Managing Directo:.
.Defendants.
Sir,
4
That on receipt of complaints frorn the customers, the plaintiff
approached the defendant No. 4 and told about the problem, but the
defendant No. 4 showed its inability in the matter. Copies of the
complaint are attached. On further enquiry made by the plaintiff, it
revealed that it is the defendants No. Ito 3 who were manufacturing
sub standard sports goods and were selling the same through the
defendant No, 4 under the Branch Name of SIMRAN SPORTS®.
Copy of the invoice of the goods of 'SIMRAN SPORTS' sold by
the defendant No. 1 is enclosed, in which, it is clearly mentioned
sold by Zubyco Sports and delivered by amazon. Copy of the
Invoice is attached herewith. It is crystal clear from this fact that it is
the defendants No. 1 to 3, who are selling sub standard and inferior
quality of goods to the customer under the brand name of'SIMRAN
SPORTS in utter violation of Trade Marik Act. The defendants No.
1to 3have no right or authority to sell the substandard goods under
the brand name of 'SIMRAN SPORTS'. On further enquiry made
by the plaintiff, it revealed that the defendants No. 1 to 3 have
represented themselves to be the manufacturers of SIMRAN
BRAND' though in fact, it is the plaintiff who is the Registered
Trade Mark hold of brand 'SIMRAN SPORTS'. The defendants No.
1to 3 have no right to manufacture or supply the sub standard goods
to the customers thereby causing huge loss to the plaintiff. The
defendant No. 4 has also no right to place the order with the
defendants No. 1to 3in respect of the sports goods with brand name
of'SIMRAN SPORTS' and to supoly the same to the customers. As
and when, the web site of Zubyco is cpened, it shows the products
under brand name
SIMRAN SPORTS'
whereas the defendants No. 1 to 3
have
manufactured
no
by them
products of the plaintiff. Copy of the concern with the
print out of web site is
enclosed wherein it is seen in the
'SIMRAN SPORTS' sold by Zubycomapping that the goods are of
Sports. It is clear cut violation
of Trade Mark Act and is
infringing the civil rights of the plaintiff.
5. That on coming to know about
the business loss, the
contacted the defendants No. 1 to 3 and plaintiff
requested them to spot
marketing substandard goods to the customer under the
brand name
of'SIMRAN SPORTS' but they turned deaf ear to the request of the
plaintiff. The acts of the defendants No. 1 to 3
have cast cloud on
the rights of the plaintiff, who is
suffering huge loss every day.
6. That the Defendants have turned down the genuine
request of the
plaintiff and are adamant as such, the plaintiff has no
other equal,
immediate and efficacious remedy available to him, but to file
the
present suit.
8 That the plaintiff has not filed such like suit on the same
cause of
action nor such suit is pending in any court of law.
9. That the cause of action arose to the plaintiff and against the
Defendants when the defendants No. 1to 3 supplied the inferior and
substandard quality goods through the defendant No. 4. It arose
when the customers started making complaints to the plaintiff with
regard to supply of sub standard goods, which were actually sold by
the defendants no. 1to 3 through defendant No. 4. The cause of
action arose when the plaintiff brought the matter to the notice of
the defendant No. 4 but the defendant No. 4 showed its helplessness
in the matter. The cause of action arose when the plaintiff
approached the defendants No. 1 to 3 to stop sale of sub standard
goods with brand name SIMRAN SPORTS' the defendants no. I to
3turned deaf ear to the request of the plaintiff. The cause of action
is continuing as the defendants No. I to 3 are still selling the sub
SPORTS'.
standard goods under the brand name of 'SIMRAN
Therefore, the suit is within time.
manufacturing unit at
10. That the plaintiff holds its office and
jurisdiction to
Jalandhar, therefore, the honourable court has the
entertain, try and decide the present suit.
enclosed.
NOTE: Affidavit duly attested is Plaintiff
Simran Sports
Through Proprietor Ranjit Kaur.
JALANDHAR.
Sir,
1. That the applicant has filed the above suit in the honourable
court and no date has been fixed so far.
2. That the applicant has a good prima-facie case and the suit is
likely to succeed as per facts stated in the plaint, which may be
read as part of this application. The balance of convenience is
also in favour of the applicant and against the defendans.
1
1. That the applicant is a Proprietorship concern of Ranjit Kaur
and is manufacturer of sports goods at the address given in the
head note of the plaint under the brand name SIMRAN
SPORTS'. The brand name is registered with Trade Marks
Registry vide Trade Mark No. 3810087 dated 18.4.2018 under
Section 23(2) Rule S6 (1) with the Registrar of Trade Mark,
under Trade Mark Act, 1999 and Certificate of Trade Mark
has been issued by the Registrar of Trade Mark, Trade Mark
Registry, Mumbai. Copy of the Trade Mark Certificate is
enclosed,
2 That the applicant is manufacturer of wooden Indian
Clubs/Mudgar/Meel/Clubbel/Karla Katai etc. as detailed in the
Invoices. The applicant is registered with GST Department
having GST No. 03BOZPK8922HIZF, issued by Government
of India. Copy of GST Certificate is enclosed. The applicant is
Income-tax Assessee and has been allotted PAN Number.
Copies of the income-tax returns and PAN Card are enclosed.
The applicant is running the business for the last about 7 years
and has established its name in the sports market by putting
hard labour and quality goods and is a prominent manufacturer
of the products. The applicant itself is seller of its products and
also sell the same through the defendant No. 4.
2
standard goods are
although in fact, the Same sub
such, instead of
manufactured by the defendants No. I to 3. As
goods manutactured
supply of the goods of the applicant, the
With sale of sub
by the defendants no. 1 to 3 is supplied.
'SIMRAN SPORTS'
standard goods, under the brand name of
business reputation of the
the defendants are damaging the
suffering great financial
applicant, whereby, the applicant is
In this manner, the order,
loss as wellas loss of his reputation.
to the defendants
which is to be placed with the applicant, goes
of the defendants
No. 1 to 3. Since the substandard products
SPORTS" as such,
No. 1 to 3 bear the brand name SIMRAN
the customers move their complaints to
the applicant,
being
whereby, the reputation of the applicant is again
I to 3, the
damaged. Due to illegal acts of the defendants No.
sale of the applicant is going down day by day. Before the
defendants No. 1to 3 started manufacturing the sub standard
goods and supplying the samne to the customers through
defendant No. 4, the monthly sale of the applicant ranged
between Rs. 8 to 8.5 lakhs and was growing day by day, but
after the defendants No. 1 to 3 entered in the business on
1.1.2022, the sale drastically lowered to Rs. 2,28,257.59 as
evident from the chart of monthly sale.
sports goods and were selling the same through the defendant
No. 4 under the Branch Name of 'SIMRAN SPORTS". Copy
of the invoice of the goods of 'SIMRAN SPORTS' sold by the
defendant No. 1is enclosed, in which, it is clearly mentioned
3
sold by Zubyco Sports and delivered by amazon. Copy of the
Invoice is attached herewith. It is erystal clear from this fact
that it is the defendants No. 1 to 3, who are selling sub
standard and inferior quality of goods to the customer under
the brand name of 'SIMRAN SPORTS' in utter violation of PE
NTELLE
poPLP
Trade Mark Act. The defendants No. 1 to 3 have no right or
authority to sell the substandard goods under the brand name Gh
No.
of 'SIMRAN SPORTS'. On further enquiry made by the
applicant, it revealed that the defendants No. 1 to 3 have
represented themselves to be the manufacturers of 'SIMRAN
BRAND though in fact, it is the applicant who is the
Registered Trade Mark hold of brand 'SIMRAN SPORTS'. T /J. No.
S. That on coming to know about the business loss, the applicant arks
No. 381 0087 dated 18.4.2018 under Section 23(2) Rule 56(1)
Mark Act, 1999
with the Registrar of Trade Mark under Trade
Registrar of Trade
and Certificate of trade mark issued by the
pendency of
Mark, Trade Mark Registry, Mumbai during the
the suitin the interest of justice, equity and fair-play.
enclosed.
NOTE:Affidavit duly attested is
Applicant/applicant
Through Counsel.
he hang
5
IAY 3R -2
INTELLEC1
Fomm RG -2 PROPERTY
Government of India
No. 25
Trade Marks Registry
RIR A¡ 31fifoRH, 1999
Trade Marks Act, 1999
Ar o r THIUyTA, URT 23 (2), r
f 56 (1)
Certificate of Registration of Trade Mark, Section 23 (2), Rule 56 (1)
RNZ oG du/Trade Mark No. 3810087 Roiko /Date 18/04/2018 a II /J. No.
Certifed that Trade Mark i a representationis annexed hereto, has been registered in tle name(s) of
RANJEET KAUR, TRADING AS: SIMRAN SPORTS, 483, SHV NAGAR, UNDER-BRIDGE ROAD, JALANDHAR-144004 (PUNJAB), S
PROP.. (Single Firm)
GAMES AND PLAYTHNGS, SPORTS GOODS, FITNESS GYM EOUIPMENTS AND APPARATUS NCLUDED IN CLASS 28.
MUMBA
Regisraion isfor 10 yoars fom Uhs date of epolicaion and may then be renaned for apeiod of 10 years and also at the expiralon of each peiod of 10 yeas
This cerUficate isnot for use in legal procoedingsor for oblaíning Regidration abroad.
Note: Ubon anvchanoe of ownersh p of this Traderrark or change In address, of Uhe pDndpal place of busness or addres for sorvio in India a reques should AT ONCE bo mado to reiser the hanga
Government of India
Form GST REG-06
(See Rule 10(1)]
Registration Certificate
|Signature
Name
Designation
Jurisdictional Office
This is a system generated digitally signed Registration Certificate issued based on the deemed approval of the application for
registration
amazon.in Tax Invoice/Bill of Supply/Cash Men
(Original for Recipie
Authorized Signator
Whether tax is payable under reverse charge - No
Payment Transaction ID: Date & Time: 03/09/2022, 14:31:03 Involce Value: Mode of Payment: Credit
hrs 1,949.00 Card
2VdZIWSlvk4mhArW7y
A 'L tZ Retail Ina Pyt Lu (ly wne Amazcn Seui gn F.t ilun- Ictl
"ASSRAnzon Séilor SNLos PL LId.
amazon.in Tax Invoice/Bill of Supply/C
(Duplicate for Transpd
Me
PAN No:BOZPK8922H
GST Registration No:03BOZPK8922H1ZF Shipping Addre
Dynamic QR Code: Hirakjyoti maha
Hirakjyoti maha
Bamunimaidam Anuradha, Barnachal 3rd by
house no10(barnachal mensi
GUWAHATI, ASSAM, 781
Order Number:402-0590900-1186726 Invoice Number :TXKS-3
Order Date:20.10.2022 Invoice Details :PB-TXKS-595589635-2
Invoice Date :20.10.2
Authorized Signat
"ASSPLAMazon Seller Serv cas Pvt. Ld ,ARIPL-Amazon Ratal India P. Ltd. (only whero Amazon Retal india Pt. Ll., huflimynt entef s co-iocrn)
Custornors dosious of nualilig linçut GST crodit aro requasad to crualo a Businoss nccount and puichase on Amazon invusnozs lron Busincss uljibe olturs
Please noto that (his involco is not a domand lot Taynent
Tax Invoice/Bill of Supply/C
amazon.in Me
(Duplicate for Transpc
Billing Addre
Sold By: Dr. Debasis
Simran Sports
Simran Sports, 480, Shiv Nagar, Sodal Road Flat #4, Ankur Apartment, 2nd floor,, 5 Purba
Main Road, Kolkata 700
JALANDHAR, PUNJAB, 144004 KOLKATA, WEST BENGAL, 701
IN
Authorized Signat
-ASSPLAm zcn Selle Scrvios P LId, ARIPL-Ainazon Rolal India Pvt Ltd (only wisru Amuzon Rotail inoia Pt. LId. fuilfilnnont cuntet ls co-locatod)
Custori9ts dgi ou of avaling nput GST crodit ara iucuostod to crvalo a Buslness accourt und purchaco on Amazon.inbusinuss (rom Buuinass oliaie ofturs
Pleaso noto hat thus invoico Is ngt a dgm Tnd lor paymunt
October.
GST) Jalandhar
Amazon
inc. and
21
(999.00
Friday, - Sports Add
to
Cart Z999.00
FREE
Delivery.
SIMRAN Delivered
by
Armazon Seaure
transaction
on
delivery Zubyo Quantity.
1 List Sellers
7846.61 to Invoice
GST Wish
144004
Dclrver
stock.
In New
(3)
from
FREEDetatls by to Other
Sold Add
Wrestlers
Pack
AII
allow...ISee
Mugdar code Details
Use
for above.
300O
not
Weight
Indian T834.06LOWEST
PRICE & ís
COD
above
2500
orders
of only.
Mugdar,
Fitness indL
GST).
order
mode for
next cards
payment
((934,15
Save
53% your select
15
units
Club,
SPORTS GST on
electronic
on
Slure offers cashback
42
ratings GST taxes
excl.
Z999.00O
incl. EMI
2) SPORTS (50%) (989.01
indL
GST)
Indian
of T846.61
M.R.P:
H49.00
all
1,000.00
of
4
with 10% on
Cost
save
TIOre
T838.14 No
Applicable
SIMRANSet SIMRAN Incdusive
units Soe
50%
Extra Get Avail
2, (3KG 3
Price: Save: more,
(3):
Save Cashbadk
EMI: See
2more
the BTB50ON.
of Visit You
Cost
Buy % No
ATGDA
SPORTS
S in
zoom
to
image
SPORTS over
Roll
Annexure of Certifcate No.: 2595683
Trade Mark No. 3810087 Date 18/04/2018
PORTS
PORTS
4.8inch
Roll
over
image
to
zooT
in
inch 23 inch 7
more
save Buy Visit
electronic
NoCashback
Get(3: % Business
Price Polish)
Manufactured
the Clubbell,
Llubs,
Meel,
more, y
Cost
Save You
SIMRAN
EMI: .(21211.S3
Sove75 inct. 3 Save: 4A99.09
M.R.P.:
payment Extra units
Avaíl 1.081.72
Inclusive71,249.00
3,250.00 incl.
GST SPORTS
No cashback with ratings
619
mode 10%on 1,115.18excl.
GST
Cost 4
offers GS1) Store
EMI
only. of
(72°%)
all
from
on COD
(1.061.G5
Sove inctPRICE units15taxes
D6% GS)
F947.90
LOWEST
select
your
is
cards
not Simran
allowed. next Karla
for order
orders TNC
of SportsKattai,
2500&
Apply.
above
above.
(See
|Dctails
23000
(Quality
Mugdar,
All
Use
code
BTBSOON. Wood
Õriginal
Ápplicable
with
on
2tvaipg WisLhist
options
OAddgift Fulfilled Sotd
b-Amamn Invoice
GSTstock. In Details
Otober.
mins. FREE Fulfilled aGST)
Add to Quantity. 1
transartinn
Secure 144004Detiver
by delivery
SIMRAN Order
AddCl
to tu
SI1RAN
Sunday,
SPORTS wihn
Jaiardhar - 21 23
and hrs
57
Tax Invoice/Bill of Supply/Cash M1
amazon.in (Triplicate for Sup
Billing Addr1
Sold By: Reema Gurung / AXA Business Sen
Simran Sports AXA Business Services Pvt Ltd, 2nd Floor M.
Simran Sports, 480, Shiv Nagar, Sodal Road Edge, Opp. Neco Gardens, Viman n
JALANDHAR, PUNJAB, 144004 PUNE, MAHARASHTRA, 41
IN
State/UT Code
PAN No: BOZPK8922H
GST Registration No: 03BOZPK8922H1ZF
Shipping Addre
Reema Gurung/ AXA Business Serv
Reema Ban
Coral C1, 002 Nyati Esteban, UndriF
PUNE, MAHARASHTRA, 41
State/UT Code
Place of supply: MAHARASHT
Place of delivery: MAHARASH
Order Number: 407-1812524-3219512 Invoice Number:TXKS
Invoice Details : PB-TXKS-595589635-2
Order Date: 19.10.2022
Invoice Date: 19.10.2
Authorized Signat1
Whether tax is payable under reverse charge - No
Date & Time: 19/10/2022, 12:25:26 Invoice Value: Mode of Payment: Cebit
Payment Transactlon ID:
hrs 1,299.00 Card
6AeX8VDo6Q8CXE5clep1
-ASSPLAmazon Sellor Servicos Pvt. Ld, ARIPL-Amazon Relal India Pv. Lid. (ondy vhera Aiazon Relal india Pvt Ltd. tJtiliment cundor ls co-locateo)
Custemera desirpus ol rralng Inpu GST crodil aro roquested lo crealo a Businocs RCCOLNl ard purchooo on Anazon,inbucluoass Iroin Buslluss ollgblo otfyrs
rosults
Rck to
EDepartments
Great
Today'lndian
s
Festiral
Buy
Roll
AgainBLsness
oNer
image SPORTS
to
zOom
Deals
in
DealsAdd
team
Qrantity
Save:
You Vislt Discounts
(more
See 2
v Trxn. Bank minimum
Cashback
999.0
M.RP.:
Mugdal
Kattai, SPORTS
SIMRAN
Fitness,
Indian
Price: the
MinOffer Save
SIMRAN
purchase order (7): 71,199.00
Inclus1ve l 00incl.
1,800
atof
1,016.10 GST Savings
(7): Extra
Clubs
10%
Amazon
of
with
SPORTS Mugdar,
value 24,000 ratings 71 Hub
instant (60%)
INR
Pay 4
excl. for
Store
Recommnendations
in offers taxes
Reward
DiscOUnt Home
S000
GST Exercise,
Wooden
Wooden
&Get
See | upKitchen.
All to 2400
INR
1250
cashback
Valid Meel,
Indian
Mugdar
oriy EN
on
as
SBI for
Armazon Clubbell,
Gredit Primne Mugdar, AccountHello,
5KG
Card mem..1 Pay
SIMRAN
balance for
Non-EMI for
See Karla SIMRAN
on
AL
SPORTS
Delivered Sold
Amazor. byInvoice
GST v
stock.In delivery
Septernber.
DetaiLs
mins.17 fastest
Or
October.
Details FREE GST) nc
1,016.10
(1,199.00
Add Quantity: 1
Delver
144004
transaction
Seure by Li_ts
to delivery
Wish Zubyco
to
Cart
Addto
SiMRAN Order
List
Sports Saturday, Prime
Jon
13/10/20 within
Friday,30
-
and Jatan
23 1
I
of
EDepartnents
xito Gret
nsts
Sely he ndiarn
Festval
Roll
uy
Again
over
image
Busness
to
zoom
Deals
in
Today's
Deals
7.
Add
team
Quantity
Visit Discounts
minirmum
You SPORTS
SIMRAN
Weight9KGKattai
Returnable
Days 7
Clubs/Mugdar/Meel/Clubbell/Karla
moreSec 2
No
Cost
Cashback
Save:
2499.00
Price:M.R.P.: the
Save SIMRAN
EMI: 1.397.46
order (7}: ExtraIncluslvc
T850.00
?1,649.00
incL
GST Savlngs
Avail Amazon SPORTS
of
Dolivercd
Amazon
No24,00O
with of
(34%) 1 RecommendationsHub
oll
rating
Cost Pay Store
4. taxes excl.
in
Reward: offers
EMI Home
edeceeae) No-Contact
Detivory select
cards
on
Kitchen.
&
Get
é4u0
GST WOoden
Indian
casiuck
Valid
for
orders only
for d
above A)ldzun
Prime
SIMRAN
Hdlo,
Account
3000
mem...]Sec Pay
|Details balance for
sIMRAN
Al on
SPORTS
Delivered
Armazon. by
Zityrn
SoldIn,stock.
byGST
Ivoice September.
Details Or
mins.17 October.
Details FREE
1,397.46GS) ir
(1,649.00
Add Quantity: 1
ransaction
Seaure 144004
Doiverto fastest
to delivery Lsts
Wish
Cart
Add to delivery
List Jalan - Order
SIMPAN
Spnrsanx Saturday,
13/10/203 Join
within
Friday,
Prime
1
resLlts
Bax to
tmerts
SDepa
Great
Inchan
Fstial
Cick Buy
to Again
cpen
t
expanded Dusiness
SPORTS
view Dels
Todays
DealAdds
Quantity
team
You Visit
Wooden Discounts
Returnable ToreSee Z
Nominimun
orderof(7): A
Cashback
299.00
M.RP.: SIMRAN
ate
Dsys
Cost Save: Price: the
Save
SIMRAN
EMI: 750.00
Inclusive
Extra 1,227.97
Z1,449.00
incl.
GST Savings
Avail Arrazon
Detiverd with
SPORTS
with
SPORTS
Amazon
No4,000 (34%)
of ratings36 Recommendations
Hub,
Cost Pay 4 all
EMI
ir
Reward
offers taxes excl. Storc
Free
Home
Pensil 7KG
NO-Contact on GST
Delvery select &
Get
Kitchen.
cards 2400 Mugdar,
for
cashback
Vatid Rope
orders
only EN
as
above for
Amazon Indian
Prime
3000 Actount
mem...|SeeAlPay
1Detalls balarrce Club SIMRAN
forSIMRAN
on
SPORTSUst
GST
on 7985.85
LOWEST
(1,104.15
GST)
ind. unsts15
payment your
next
mode
order
only.
of
COD2500
PRICE
is &
above.
not
allow..ISee
Use
code
All
DelvercdbyInvoice
Sold GSTstock. In DetailsFREE
Addto
WishList Quantity: 1
DauVo
144004
transaction
Seaure by delvery
Zubyco
to
CartAddto Amazon. S1MMA- Friday,
Sports
and JalandhYr 21
Ortoher.
Authenticated?
Aadhaar
Whether RangeMEERUT
(JURISDICTION
DivisioD
RANGE-III Constitution
Business of
-Proprietorship
Adininlstratlve
-CENTER)- office
Commissionerate UBAID Legal
No
Name
DIVISION
of
Business
II
MEERUT
Verified?
Whether
e-KYC
No ZoneState
Meerut
(JURISDICTION
Range -
STATE) office
Other
- GSTIN/
StatusUIN
Active KING Trade
SPORTS
SUPER Name
Sector-Meerut
Sector-6
- Uttar -
Meerut
Pradesh
(A)
Additional
ViewTrade
Name Pradesh,
250002Hapur Principal
Nayamakan,, Regular Effective
Type 14/04/2018
Taxpayer
Road,,
Place Date
A-One Near
of of
Colony,,Divine
Business registration
Inter
Meerut,
College,,
Uttar
Constitution
Business of UBAID
Authenticated?
(On Aadhaar
23/02/2022) Whether
Yes Commissionerate
(JURISDICTION
Division
Range - Proprletorship
Administrative
CENTER) Office
-
RANGE- -
DIVISION
II
MEERUT
I
MEERUT
JURISDICTION
ZoneState
Meerut - office
-other ActiveStatus
GSTIN
/UIN HASHCO
SPORTS
Not e-KYC Sector-6
Verified?
Whether
Applicable Sector-
Meerut
Range
- Uttar -
Meerut
Pradesh
(A)
STATE)
Additional
View Trade
Name UttaYA-ONE P.Principal
Meerut, NO. Taxpayer
Regular Type 12/08/2020
COLONY, 109,,
NEAR Place
Pradesh,
HUMAYUN
DIVINE of
Business
250002
PUBLIC
NAGAR,,
SCHOOL,.