Delhi High Court
Lifelong Online Retail Private Limited vs Ms Anita Gupta on 8 December, 2022
Author: C.Hari Shankar
Bench: C.Hari Shankar
Neutral Citation Number : 2022/DHC/005419
$~12(Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 424/2022 & I.A. 17712/2022
LIFELONG ONLINE RETAIL PRIVATE LIMITED
..... Plaintiff
Through: Mr.Ankur Sangal, Ms.Sucheta
Roy and Ms.Trisha Nag, Advs.
versus
MS ANITA GUPTA ..... Defendant
Through: Ms.Deepika Pokharia, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT(ORAL)
% 08.12.2022
1. The plaintiff, in this plaint, asserts proprietorial rights in respect of the trademark , which is registered in favour of the plaintiff under Classes 7, 9, 10, 11, 12 and 28 of the Schedule to the Trademark Rules in respect of various kinds of consumer durables. The plaint asserts that the plaintiff has accumulated considerable goodwill in respect of its marks.
2. The defendant has applied for registration of the mark for beard clippers; razors, hair clippers and depilatory appliances, electric trimmers etc with the Registry of Trademarks on a proposed to be used basis on 12 th February 2021. The said proposed mark, submits the plaintiff, would infringe the plaintiff's registered trademarks.
CS(COMM) 424/2022 Signature Not Verified Page 1 of 4 Digitally Signed By:KAMLA RAWAT Signing Date:09.12.2022 16:11:14 Neutral Citation Number : 2022/DHC/005419
3. Ms. Deepika Pokharia, learned Counsel for the defendant submits, on instructions, that her client has never commenced using the impugned mark and also undertakes not to use the impugned mark for any goods or services, albeit without prejudice to their rights and contentions in the present case as they do not admit the factum of infringement.
4. Nonetheless, in view of the fact that the defendant has undertaken not to use the mark, the grievance of the plaintiff in the present case stands assuaged.
5. Ms. Deepika Pokharia also submits that they would withdraw their application for registration of the impugned mark from the Registry of Trademarks.
6. The prayer clause in the present case reads as under:
"It is therefore prayed that this Hon'ble Court may be pleased to grant:
(i) A decree of permanent injunction restraining the Defendant, its proprietor, its principal officers, servants, distributors, licensees, and agents, and all others acting for and on behalf of the Defendant, from manufacturing, selling, distributing, offering for sale, advertising, directly or indirectly dealing in any goods, under the Impugned Mark -"Lifelong" or any other mark as may be identical to or deceptively similar with the Plaintiff's registered trade mark "Lifelong", so as to cause infringement of the Plaintiff's Trade Marks;
(ii) A decree of permanent injunction restraining the Defendant, its proprietor, its principal officers, servants, distributors, licensees and agents, and all others acting for and on behalf of the Defendant, from manufacturing, selling, distributing, offering for sale, advertising, directly or indirectly dealing in any goods, under the Impugned Mark "Lifelong" or any other mark as may be identical to or deceptively similar with the Plaintiff's Trade Marks CS(COMM) 424/2022 Signature Not Verified Page 2 of 4 Digitally Signed By:KAMLA RAWAT Signing Date:09.12.2022 16:11:14 Neutral Citation Number : 2022/DHC/005419 "Lifelong", so as to cause confusion or deception leading to passing off of the Defendant's goods as those of the Plaintiff;
(iii) A decree of permanent injunction restraining the Defendant, its proprietor, its principal officers, servants, distributors, licensees and agents, and all others acting for and on behalf of the Defendant, from manufacturing, selling, offering for sale, distributing, advertising, directly or indirectly dealing in any goods, under the Impugned Mark "Lifelong" or any other mark as may be identical to or deceptively similar with the Plaintiff's Trade Marks "Lifelong", so as to cause confusion or deception leading to unfair trade practice;
(iv) An order of permanent injunction restraining the Defendant to not write to any third party including the e-
commerce platforms to take down the Plaintiff's products having the Plaintiff's Trade Mark "Lifelong";
(v) An order for delivery up of all the infringing material having the Impugned Mark "Lifelong" including printed material, packaging material, containers, posters, blocks, dyes, stationery material or any other printing material;
(vi) An order of rendition of accounts of the Defendant to show all illegal gain made by the Defendant by selling its goods under the Impugned Mark "Lifelong";
(vii) A decree of damages of INR 2,00,05,000/- or any other amount which is ascertained at a later stage. The Plaintiff undertakes to deposit necessary additional court fee as may be directed by this Hon'ble Court on a later stage;
(viii) Costs of the litigation be awarded to the Plaintiff; and/or
(ix) Any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
7. There shall be a decree in terms of prayers (i) to (iv) in the plaint. The remaining prayers do not survive for consideration in view of the statement made by learned Counsel for the defendant CS(COMM) 424/2022 Signature Not Verified Page 3 of 4 Digitally Signed By:KAMLA RAWAT Signing Date:09.12.2022 16:11:14 Neutral Citation Number : 2022/DHC/005419 today.
8. The suit stands decreed in the above terms.
9. The Registry is directed to draw up a decree sheet accordingly.
10. The plaintiff would be entitled to refund of the court fee deposited by it.
C.HARI SHANKAR, J DECEMBER 8, 2022/kr CS(COMM) 424/2022 Signature Not Verified Page 4 of 4 Digitally Signed By:KAMLA RAWAT Signing Date:09.12.2022 16:11:14