Delhi High Court - Orders
Akash Aggarwal vs Flipkart Internet Pvt Ltd And Ors on 7 July, 2022
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 95/2022 & CM APPL. 28500-28501/2022
AKASH AGGARWAL ..... Appellant
Through: Mr. Anshuman Upadhyay and Mr.
Naseem, Advocates.
versus
FLIPKART INTERNET PVT LTD AND ORS ..... Respondents
Through: Mr. Shilpa Gupta, Mr. Ranjeet
Singh Sidhu and Mr. Kuber
Mahajan, Advocates for R-1.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 07.07.2022
1. By way of the present appeal, appellant seeks the following reliefs:
"i. Allow the instant Appeal and set aside the Order dated 30.05.2022 passed by the Learned District Judge, Commercial Court-01, South District, Saket District Courts in CS (Comm) No. 252 of 2022; and ii. Pass an ex-parte, ad-interim injunction in favour of the Appellant and against the Respondents restraining the Respondent No.1, their directors, partners, principals, employees, agents, representatives and assigns from mapping/listing on its website the counterfeit, pirated goods sold/offered for sale by Respondent Nos. 2, 3, 4 and 5 along with the Appellant‟s goods under the Appellant‟s Trademark FAO (COMM) 95/2022 page 1 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:08.07.2022 17:40:53 amounting to infringement of Appellant‟s copyrights and passing off of its Trademarks thereof;
iii. pass an ad-interim ex-parte injunction in favor of the Appellant and against the Respondents, restraining the Respondent Nos. 2, 3, 4, 5, 6, 7 and 8 their directors, partners, principals, employees, agents, distributors, franchisees, representatives and assigns from marketing, selling, offering for sale, advertising and/or using in any manner whatsoever in relation to any products, inter alia, clothing material, footwear, headwear bearing the Appellant‟s trademarks-„V Tradition' and the device mark-
'', or any mark/ label/ sign/ device/name, photograph, pictures, designs or domain name, which is identical with or deceptively similar to the Appellant‟s said trademarks amounting to passing off their goods and businesses as and for the goods and business of the Appellant and infringement of Appellant‟s Copyrights, or in any manner whatsoever, using or incorporating the Appellant‟s trademarks or any other mark/ device/ logo, which is deceptively or confusingly similar to the Appellant‟s aforesaid trademarks and its copyrights and from taking benefit of the reputation and goodwill of the Appellant in any manner;
iv. pass an ad-interim ex-parte injunction in favor of the Appellant and against the Respondents, theirs directors, partners, principals, employees, agents, distributors, franchisee, representatives and assigns to cancel or surrender or transfer to the Appellant, any domain name, incorporating the Appellant‟s aforesaid trademarks or any other mark, device, logo, design, pictures, photographs which is identical and/ or deceptively similar to the FAO (COMM) 95/2022 page 2 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:08.07.2022 17:40:53 Appellant‟s Copyrighted designs, pictures, photographs and/or its Trade Marks and to pull down all the offending contents from website of Respondent Nos. 1 from which the Respondent Nos. 2, 3, 4 and 5 are advertising, selling, offering for sale their counterfeit and pirated products under the Trademarks and copyrights of the Appellant."
2. The learned trial court had taken up the appellant's application under Order XXXIX Rule 1 and 2 read with Section 151 of the Civil Procedural Code, 1908 (CPC) and vide the impugned order dated 30.05.2022 denied the relief of grant of an ex-parte ad-interim injunction to the appellant.
3. The learned counsel for the petitioner submits that in view of the above, the appellant's application under Order XXXIX Rule 1 and 2, CPC is pending for adjudication and is now listed on 22.07.2022 before the learned trial court.
4. Keeping in view the aforesaid and the averments made in the instant appeal, we hereby dispose of the present appeal by directing the learned trial court to dispose of the pending application under Order XXXIX Rule 1 and 2, CPC on the next date of hearing or two weeks thereafter.
5. This Court has not given any opinion on the merits of the case.
6. The present appeal along with the pending applications is accordingly disposed of.
SURESH KUMAR KAIT, J
SAURABH BANERJEE, J
JULY 7, 2022/So
FAO (COMM) 95/2022 page 3 of 3
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:08.07.2022
17:40:53