Gujarat Cooperative Milk Marketing ... vs Nitin Jain & Ors on 9 May, 2022

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Delhi High Court - Orders

Gujarat Cooperative Milk Marketing ... vs Nitin Jain & Ors on 9 May, 2022

Bench: Prathiba M. Singh

                                                         Signature Not Verified
                                                         Digitally Signed
                                                         By:DEVANSHU JOSHI
                                                         Signing Date:10.05.2022
                                                         17:06:30


$~10
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                  CS(COMM) 540/2020
       GUJARAT COOPERATIVE MILK MARKETING FEDERATION
       LTD & ANR.                                 ..... Plaintiffs
                   Through: Mr. Abhishek Singh, Mr. Elvin Joshy,
                            Mr. Jamal Anand, Ms. Kritika
                            Chhatwal,      Advocates          (M:
                            9910291290)
                   versus

       NITIN JAIN & ORS.                                  ..... Defendants
                      Through:       Mr. Nikhil Singhvi, Ms. Supriya
                                     Juneja, Mr. Shikhar Garg, Advocates
                                     for D-1 (M:8800213827)
                                     Mr. Neel Mason, Mr. Vihan Dang,
                                     Mr. Shivang Sharma, Mr. Parva
                                     Khare,     Advocates       for   D-2
                                     (M:9911983636)
                                     Mr. Kapil Sibal, Sr. Adv. with Mr.
                                     Ajit Warrier, Mr. Gauhar Mirza, Mr.
                                     Shyamal Anand, Ms. Nandita
                                     Chauhan, Mr. Thejesh Rajendran, Mr.
                                     Vishesh Sharma, Advocates for D-3
       CORAM:
       JUSTICE PRATHIBA M. SINGH
                ORDER

% 09.05.2022

1. This hearing has been done through hybrid mode. I.A. 11884/2021 (for exemption)

2. Allowed, subject to all just exceptions. I.A. 11884/2021 is disposed of.

I.A. 8036/2021(exemption from filing attested affidavits and court fees)

3. This is an application seeking exemption from filing attested CS(COMM) 540/2020 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.05.2022 17:06:30 affidavits and the requisite Court fees.

4. Let the attested affidavits be filed within four weeks, along with the Court fees.

5. I.A. 8036/2021 is allowed and disposed of, in these terms.

I.A. 1414/2022

6. This is an application seeking to change the name of Defendant No.3 from "Facebook, Inc." to "Meta Platforms, Inc."

7. For the reasons stated in the application, the same is allowed. The name of Defendant No.3 shall be reflected as Meta Platforms, Inc. The amended memo of parties, annexed with the application, is taken on record.

8. I.A. 1414/2022 is disposed of.

I.A. 1415/2022 (exemption from filing apostilled version)

9. This is an application seeking exemption from filing apostilled version of the name change application.

10. Let the apostilled affidavits in support of the application be placed on record within four weeks.

11. I.A. 1415/2022 is disposed of.

CS(COMM) 540/2020 & I.A. 11578/2020

12. As recorded in the previous order dated 6th July, 2021, an objection had been raised that the written statement has been filed by Defendant No.1, beyond the prescribed period.

13. It is not disputed that the written statement dated 3rd April, 2021 has been filed within 120 days' time as per the Commercial Courts Act, 2015. Accordingly, the same is taken on record. Replication is also taken on record.

14. The present suit seeks permanent and mandatory injunction, as also CS(COMM) 540/2020 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.05.2022 17:06:30 damages, with respect to infringement of the Plaintiffs' trademark 'AMUL' as also defamation by the Defendants. The case of the Plaintiff's is that the Defendants have uploaded slanderous and disparaging videos titled as 'Unholy Cattle of India Exposing Cruelty in the Indian Dairy Industry' in various languages.

15. The impugned video has been viewed by this Court.

16. An adjournment is sought on behalf of the ld. counsel for the Plaintiff on the ground that the main counsel is held up.

17. It is submitted by the ld. Counsel for Defendant No.1 that Defendant No.1 does not have any formally incorporated society or firm. The Bengaluru Brigade for Animal Liberation is just a loose collection of persons who have a Facebook page and they support the Go Vegan movement. Since there is no formal organization, the intention of Defendant No.1 is merely to sensitize the viewers, as to the cruelties caused to animals by the dairy industry.

18. On behalf of Meta Platforms, Inc./Defendant No.3 and Google LLC/ Defendant No.2, it is submitted that any orders passed by this Court in respect of the objectionable video shall be duly implemented, so long as the relevant URLs are specifically mentioned.

19. List on 22nd July, 2022 for further hearing.

PRATHIBA M. SINGH, J.

MAY 9, 2022/aman/MS CS(COMM) 540/2020 Page 3 of 3

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Delhi High Court - Orders