Delhi High Court - Orders
Anadolu Efes Biracilik Ve Malt Sanayi ... vs Karan Deep Pahwa And Anr on 7 February, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 165/2021
ANADOLU EFES BIRACILIK VE MALT SANAYI ANONIM
SIRKETI ..... Petitioner
Through: Ms. Mamta Rani Jha, Mr. Siddhant
Sharma, Ms. Garima Mehta and
Mr. Abhay Tandon, Advocates
versus
KARAN DEEP PAHWA AND ANR ..... Respondents
Through: Mr. Vineet Jhanji and Ms Rajreeta
Ghosh, Advocates.
Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra,
Mr. Sagar Mehlawat and
Mr. Alexander Mathai Paaikaday,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 07.02.2023
1. Petitioner seeks removal/ rectification of the trademark "EFES PILSEN" registered under application No. 2306245 in class 33, in the name of Respondent No. 1 [hereinafter, "impugned mark"].
2. The parties have entered into a settlement and in terms thereof, Respondent No. 1 has voluntarily agreed to give up its claim over the impugned mark and has agreed to its cancellation. An undertaking to that effect dated 03rd February, 2023 has been filed, stating inter alia as under:
"2. I hereby undertake to voluntarily and irrevocably and cancel my trade Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.02.2023 11:08:49 mark 'EFES PILSEN' and bearing TM application No. 2306245 in class 33 and TM application no. 2321438 in class 32 respectively from the Register of Trade Marks. I also undertake to voluntarily and irrevocably and unconditionally cancel all other registrations and pending applications for such trade mark/ trade name/ logo/ label which may be identical with, or deceptively similar to or nearly identical to the mark 'EFES', 'EFES PILSEN' and any other 'EFES' formative marks of the Petitioner in respect of any goods or services. A list of all such marks, logos & labels applied by me and/or on behalf of me for registration in India which may be identical with, or deceptively similar to or nearly identical to the mark 'EFES', 'EFES PILSEN' and/or any other 'EFES' formative marks of the Petitioner is annexed herewith as Annexure 'A' and I undertake that there is no other application for registration in India which may be identical with, or deceptively similar to or nearly identical to the mark 'EFES', 'EFES PILSEN' and/or any other 'EFES' formative marks of the Petitioner other than those listed in Annexure "A"
(Colly)."
3. In view of the above undertaking, counsel for Petitioner, on instructions, states that Petitioner shall not raise any monetary claim against Respondent No. 1 pertaining to the impugned mark.
4. Since Respondent No. 1 has decided not to contest the petition and has voluntarily agreed to the cancellation of the impugned trademark, the present petition is allowed. Registration of "EFES PILSEN" mark under application No. 2306245 in class 33, is cancelled. Trademark Registry shall issue appropriate notification to this effect.
5. Disposed of.
6. Registry is directed to supply a copy of the present order to the Trademark Registry at [email protected] for compliance.
SANJEEV NARULA, J FEBRUARY 7, 2023/nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.02.2023 11:08:49