Delhi High Court - Orders
Vishal Pipes Limited vs Bhavya Pipe Industry on 28 February, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:03.03.2022
06:37:55
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO IPD 1/2022 & CM APPLs. 12-17/2022
VISHAL PIPES LIMITED ..... Appellant
Through: Mr. Shravan Bansal & Ms.
Rajeshwari, Advocates.
versus
BHAVYA PIPE INDUSTRY ..... Respondent
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 28.02.2022
1. This hearing has been done through video conferencing.
2. The present first appeal from order has been filed challenging the impugned order dated 28th January, 2022 passed by the ld. ADJ-03, Patiala House Courts, New Delhi in the suit bearing TM 1/2022 titled Vishal Pipes Limited v. Bhavya Pipe Industry. Vide the said order, the Plaintiff's prayer for an ex-parte order was rejected and notice was issued to the Defendant.
3. The suit of the Plaintiff is for infringement of copyright, passing off, delivery and rendition of accounts, etc., for usage of the trademark 'BPI' which is stated to be similar to the Plaintiff's trademark 'VPL INDIA'. The photographs of the competing marks are on record. However, this Court would like to see the physical products.
4. Let the physical products be produced in Court on the next date.
5. In the opinion of this Court, there is also another issue that has been noticed in this case. The impugned order has been passed by the ld. ADJ-03, who is not designated as a 'Commercial Court'. The question arises as to Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:03.03.2022 06:37:55 whether trademark matters can be heard at the District Court level, by a non- commercial Court, in view of the Trademarks Act, 1999 and Commercial Courts Act, 2015.
6. Ld. counsel to assist the Court on the next date in this regard. In addition, this Court appoints Ms. Swati Sukumar, Advocate (Mb. No. 9717918652, Email ID: [email protected]), as an Amicus Curiae to assist the Court on the legal issues that arise. Mr. Bansal, ld. counsel to supply to the ld. Amicus, a copy of the Plaint.
7. List on 2nd March, 2022.
PRATHIBA M. SINGH, J.
FEBRUARY 28, 2022/DK/MS