Delhi High Court - Orders
Jaypore E-Commerce Private Limited vs Mr Jitendra Ravjani on 6 September, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 696/2019
JAYPORE E-COMMERCE PRIVATE LIMITED ..... Plaintiff
Through: Mr. Shashwat Rakshit, Adv. (M:
8874643389)
versus
MR JITENDRA RAVJANI ..... Defendant
Through: Mr. Amit Kumar Pandey, Adv.
(M:9953754961)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 06.09.2023
1. This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff i.e., Jaypore E- Commerce Pvt. Ltd. seeking permanent injunction against the Defendant i.e., Mr. Jitendra Ravjani Proprietor of Jaypore Prints and Fabrics restraining the infringement of Trademark, Passing off, Unfair Trade Practice, Rendition of Accounts, Damages and Delivery Up of the impugned mark "JAYPORE".
3. The present matter is at the stage of framing issues. The following issues are framed in the matter:
(i) Whether the Defendant's use of the mark 'JAYPORE' constitutes infringement of the registered trademark of the Plaintiff? OPP
(ii) Whether the Defendant's use of the mark/name 'JAYPORE' constitutes passing off of the Defendant's goods and business as that of the Plaintiff? OPP 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 16/09/2023 at 17:08:35
(iii) Whether the Defendant's adoption of the mark 'JAYPORE' is honest and bonafide under Section 34 of the Trademark Act, 1999? OPD
(iv) Whether the Plaintiff is guilty of concealment and suppression of the material facts? OPD
(v) Whether the Defendant is entitled to use the mark/name 'JAYPORE' as honest and concurrent user in respect of textiles? OPD
(vi) Whether the Plaintiff is entitled to damages / rendition of accounts, if so, to what extent? OPP
(vii) Relief.
4. List of witnesses be filed within six weeks by both the parties. The evidence by way of affidavit be filed by the Plaintiff in affirmative within eight weeks.
5. List before the Joint Registrar for Plaintiff's evidence on 9th November, 2023.
6. List before the Court on 28th February, 2024.
PRATHIBA M. SINGH, J.
SEPTEMBER 6, 2023/dk/sk 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 16/09/2023 at 17:08:35