Delhi High Court - Orders
Gujarat Cooperative Milk Marketing ... vs Amul Electromech Private Limited & Ors on 3 May, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1/2023, I.A. 8608/2023 & I.A. 8609/2023
GUJARAT COOPERATIVE MILK MARKETING
FEDERATION LIMITED & ANR. ..... Plaintiffs
Through: Mr. Abhishek Singh, Mr. J.
Amal Anand, Ms. Alisha Sharma and Mr.
Elvin Joshy, Advs.
versus
AMUL ELECTROMECH PRIVATE LIMITED & ORS.
..... Defendants
Through: Mr. Tejas Karia, Mr. Varun
Pathak, Mr. Shyamal Anand, Mr. Yash
Karunakarn, Mr. Akhil Shandilya and Mr.
Thejesh R., Advs. for D-3
Mr. Naman Joshi, Ms. Ritika Vohra and Mr.
Guneet Sidhu, Advs. for D-4
Mr. Vivek Ayyagari and Ms. Ramya
Aggarwal, Advs. for D-7
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 03.05.2023 I.A. 8609/2023 (under Order XXXIX Rules 1 and 2 of the CPC)
1. This application seeks injunctive reliefs in addition to those already sought in the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) filed with the plaint as, it is submitted, Defendant 1 has not complied with the orders passed by this Court. The prayer clause in this application reads thus:
"In light of the above-mentioned facts and circumstances, it is most humbly prayed that this Hon'ble Court may be pleased to:
i. Pass appropriate ad interim orders/directions Signature Not Verified directing Defendant No.2 block/ delete/ suspend the Digitally Signed By:KAMLA RAWAT CS(COMM) 1/2023 Page 1 of 6 Signing Date:04.05.2023 12:03:44 domain name www.amulfans.com and place a Registry Lock on the said Domain thereby maintaining "Status Quo" with respect to the same.
ii Pass appropriate ad interim orders/directions directing Defendant No.3 to permanently block/suspend/ delete Defendant No. l 's account on Facebook, available at URL:
https://www.facebook.com/AmulIndustries iii. Pass appropriate ad interim orders/directions restraining the Defendant No.3 from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No. 1's products bearing the Infringing Marks , , , , , and or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiff's trademarks.
iv. Pass appropriate ad interim orders/directions restraining the Defendant No.4 from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No. 1 's products bearing the Infringing Marks , , , , , and or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiff's trademarks.
v. Pass appropriate ad interim orders/directions restraining the Defendant No. 5 from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No. 1's products bearing the Signature Not Verified Infringing Marks , , Digitally Signed By:KAMLA RAWAT CS(COMM) 1/2023 Page 2 of 6 Signing Date:04.05.2023 12:03:44 , , , and or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiff's trademarks.
vi. Pass appropriate ad interim orders/directions restraining the Defendant No.6 from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No. 1 's products bearing the Infringing Marks , , , , , and or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiff's trademarks.
vii. Pass appropriate ad interim orders/directions to Defendant No.7 to permanently block/delete/suspend the Defendant No. l's product listing at URL: https://www.amazon.in/AmulFans-Pedestial-Fan- Blue/dp/B01ATCA3DW viii. Pass appropriate ad interim orders/directions restraining the Defendant No. 7 from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No. l's products bearing the Infringing Marks , , , , , and or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiff's trademarks.Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 1/2023 Page 3 of 6 Signing Date:04.05.2023 12:03:44
ix. Any other relief that this Court may deem fit and proper while looking into the facts and circumstances of the case.
x. Pass any other order or directions as this Hon'ble Court may deem fit and proper in the interest of justice."
2. Learned Counsel for the defendants expressed their willingness to comply with the directions sought in prayers (i) and (ii), insofar as suspension or blocking of the domain names/URLs/products sought in the prayers are concerned. However, apropos the remaining prayers in the application, the defendant submits that, if any post or content bearing the marks stated in the said prayers and uploaded on their respective websites/platforms is brought to their notice by the plaintiff, they shall immediately take steps to take down the said content. They submit that, at this juncture, it is not possible for them to do anything beyond this, given their limitations as intermediaries and that requiring them to do anything beyond this would not amount to "reasonable efforts" within the meaning of Rule 3(1)(b) of the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 as amended in October 2022.
3. Accordingly, issue notice.
4. Notice is accepted on behalf of Defendant 3, 4 and 7 by Mr. Tejas Karia, Mr. Naman Joshi and Mr. Vivek Ayyagari respectively. Let notice be additionally issued to Defendant 1 by all modes.
5. Till the next date of hearing, the following directions are issued:
(i) Defendant 2 is directed to suspend access to the domain name www.amulfans.com and to maintain status Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 1/2023 Page 4 of 6 Signing Date:04.05.2023 12:03:44 quo with respect to the said domain name.
(ii) Defendant 3 is directed to suspend access to the
Facebook account and the URL
https://facebook.com/AmulIndustries.
(iii) Defendants 3, 4, 5, 6 and 7 are directed, in the event of the plaintiff bringing to their notice any content uploaded on their respective websites/platforms bearing the marks , , , , , and , as well as the URLs relating thereto, to immediately take down the said content. The plaintiff would, in such event, forthwith file an affidavit before this Court bringing the said fact to its notice.
(iv) Defendant 7 is further directed to block/suspend
the listing of Defendant 1 at url
https://www.amazon.in/AmulFans-Pedestial-Fan-
Blue/dp/B01ATCA3DW.
6. Re-notify on 26th July 2023.
I.A. 8608/2023 (under Order XXXIX Rule 2A read with Section 151 of the CPC) Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 1/2023 Page 5 of 6 Signing Date:04.05.2023 12:03:44
7. This application under Order XXXIX Rule 2A of the CPC alleges contumacious disobedience, by Defendant 1, of the injunctive orders passed by this Court.
8. Issue notice. Notice be served separately on Defendant 1 through the Counsel who has appeared on his behalf earlier in these proceedings.
9. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto within four weeks thereof.
10. Re-notify on 26th July 2023.
C.HARI SHANKAR, J MAY 3, 2023 ar Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 1/2023 Page 6 of 6 Signing Date:04.05.2023 12:03:44