Delhi High Court - Orders
Ms. Bhupinder Mehta vs Sh Pradeep Bareja & Anr on 2 September, 2024
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 163/2024 & I.A. Nos. 37979/2024 &
37980/2024
MS. BHUPINDER MEHTA .....Petitioner
Through: Mr. Umesh Mishra with Mr. Amit
Kumar, Advocates.
(M): 9868401295
Email: [email protected]
versus
SH PRADEEP BAREJA & ANR. .....Respondents
Through: Ms. Nidhi Raman, CGSC with Ms.
Rashi Kapoor and Mr. Zubin Singh,
Advocates for respondent no. 2.
(M): 9810034486
9891088658
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 02.09.2024 I.A. No. 37980/2024 (Exemption from filing original copies)
1. The present is an application filed under Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking exemption from filing original/true typed and vernacular copy of the dim documents.
2. Exemption is granted, subject to all just exceptions.
3. Petitioner shall file legible and clear copies of the documents, before the next date of hearing.
4. Accordingly, the present application is disposed of.
C.O. (COMM.IPD-TM) 163/2024 Page 1 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 02:14:02 I.A. No. 37979/2024 (Application seeking summoning of record pertaining to the impugned trademark)
5. The present application has been filed on behalf of the petitioner under Section 151 CPC seeking summoning of the record pertaining to the impugned trademark/device 'BSM', bearing application no. 5149074 in Class-11.
6. Learned counsel appearing for respondent no. 2 is directed to file the requisite record before this Court.
7. With the aforesaid directions, the present application is disposed of. C.O. (COMM.IPD-TM) 163/2024
8. The present petition has been filed under Section 125 read with Section 47 and 57 of the Trade Marks Act, 1999 seeking rectification/cancellation of the trademark 'BSM' bearing application no. 5149074 in Class-11.
9. Learned counsel appearing for the petitioner submits that the respondent has dishonestly and malafidely adopted the impugned trademark, which is identical with and/or deceptively similar to the petitioner's trademark phonetically, visually and conceptually and in its essential features. It is submitted that the petitioner had adopted the registered trademark 'BSM', much prior to the respondent no. 1.
10. Issue notice.
11. Notice is accepted by learned counsel appearing for respondent no. 2.
12. Let notice be issued to respondent no. 1 by all modes.
13. Reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.
C.O. (COMM.IPD-TM) 163/2024 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 02:14:02
14. List on 29th November, 2024.
MINI PUSHKARNA, J SEPTEMBER 2, 2024 c C.O. (COMM.IPD-TM) 163/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 02:14:03