Delhi High Court - Orders
M/S Landmark Crafts Private Limited vs M/S Sohan Lal Gupta on 18 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~52 & 9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 669/2023
M/S LANDMARK CRAFTS PRIVATE LIMITED ..... Plaintiff
Through: Mr J Sai Deepak, Mr Vipin Wason
and Ms Stuti Wason, Advocates for
R-2 (M: 8010903234).
versus
M/S SOHAN LAL GUPTA ..... Defendant
Through: None.
9 WITH
+ C.A.(COMM.IPD-TM) 1/2023 and I.A. 1530/2023, 1532/2023
ROMIL GUPTA TRADING AS SOHAN LAL
GUPTA ..... Appellant
Through: Mr. Sudhir Chandra Aggarwala Sr.
Advocate with Mr Rajat Bhardwaj,
Mr. Siddharth Singh and Mr.
Davesh Vasistha, Advocates (M:
7651906817).
versus
REGISTRAR OF TRADE MARKS & ANR. ..... Respondents
Through: Mr J Sai Deepak, Mr Vipin Wason
and Ms Stuti Wason, Advocates for
R-2 (M: 8010903234).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 18.10.2023
1. This hearing has been done through hybrid mode.
2. The present suit has been received on transfer from the Karkardooma Court pursuant to order dated 24th July, 2023 passed by the Court in C.A.(COMM.IPD-TM) 1/2023. The suit has been filed by the Plaintiff- M/s Landmark Crafts Pvt. Ltd. seeking protection of its rights in the mark "HP". However, Rectification No. 266607 dated 24th July, 2019, which was also CS(COMM) 669/2023 & connected matters Page 1 of 4 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 19/10/2023 at 23:23:31 directed to be transferred from the Registrar of Trademark has not yet been transferred.
3. Ld. Sr. Counsel for the Defendants submit that the same may be under process of transfer in view of what is being reflected on the website to the Trademark Registry.
4. Be that as it may, the Court has perused the competing packaging of the parties the images of which are set out below:-
CS(COMM) 669/2023 & connected matters Page 2 of 4This 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 19/10/2023 at 23:23:31
5. While, the issue relating to the trade mark registration granted to the Defendants would be the subject matter of the appeal as also the rectification petition which is yet to be transferred to this Court. Insofar as the packaging, insofar as the color combination and get up of the competing products is concerned, there is no doubt in the mind of the Court that they are almost identical.
6. Mr. Sudhir Chandra, ld. Sr. Counsel assures the Court that the Defendants would change the packaging, color combination and get up of their product within a period of four weeks which would be different from and not a substantial reproduction or a colourable imitation of the Plaintiff's packaging.
7. The changed packaging shall now be handed over to the ld. Counsel for the Plaintiff by 30th November, 2023.
8. The existing inventory shall also be exhausted by the Defendant by the said date. An affidavit shall be placed before the Court giving the details of the inventory, the monetary value as also the representation of the new packaging which the Defendants adopt within four weeks.
CS(COMM) 669/2023 & connected matters Page 3 of 4This 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 19/10/2023 at 23:23:32
9. List before the Joint Registrar for completion of pleadings and for admission/denial on 11th December, 2023.
10. List before the Court on 15th April, 2024.
PRATHIBA M. SINGH, J OCTOBER 18, 2023 mr/sk CS(COMM) 669/2023 & connected matters Page 4 of 4 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 19/10/2023 at 23:23:32