Delhi High Court - Orders
Atcom Technology Co. Ltd vs Rahul Gupta on 25 September, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~6 & 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 188/2022
ATCOM TECHNOLOGY CO. LTD ..... Petitioner
Through: Mr. Abhilash Gupta, Ms. Janhvi
Chadha, Ms. Pritika Juneja and Ms.
Preeta Panthaki, Advs. (M:
9810382759)
versus
RAHUL GUPTA ..... Respondent
Through: Mr. Deepanshu Nagar, Adv. (M:
8826968200)
7 WITH
+ CS(COMM) 623/2022 and I.A. 14594/2022, 14595/2022,
14596/2022, 14597/2022, 18723/2023
ATCOM TECHNOLOGY CO LTD ..... Plaintiff
Through: Mr. Abhilash Gupta, Ms. Janhvi
Chadha, Ms. Pritika Juneja and Ms.
Preeta Panthaki, Advs.
versus
RAHUL GUPTA AND ORS. ..... Defendants
Through: Mr. Deepanshu Nagar, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 25.09.2023
1. This hearing has been done through hybrid mode.
I.A.18723/2023 (u/O XXIII Rule 3 CPC)
2. The present application has been filed jointly by the parties submitting that the disputes between them have been amicably resolved. The suit, i.e., CS(COMM) 623/2022 relates to the trademark 'ATCOM' and logos thereof. The rectification petition, i.e., C.O. (COMM.IPD-TM) seeking cancellation C.O. (COMM.IPD-TM) 188/2022 & CS(COMM) 623/2022 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 27/09/2023 at 22:38:58 of the Defendant- Rahul Gupta bearing no.4132551 in class 9 was filed during the pendency of the suit before the IPAB in the year 2020 and thereafter, transferred to this Court upon the enactment of the Tribunals Reforms Act, 2022.
3. The suit was initially filed before the District Judge, Commercial Courts, East Karkardooma Courts, and was subsequently transferred to this Court vide order dated 8th September, 2022 owing to the application filed under Section 24 of CPC read with Rule 26 of the Delhi High Cout Intellectual Property Division Rules, 2022. Vide order dated 25th August, 2022, the suit was withdrawn from the Commercial Courts in TRP (C) 61/2022 titled Atcom Technology Co Ltd. v. Rahul Gupta and Ors. The operative portion of order dated 25th August, 2022 is set out below:
"7. Mr. Deepanshu Nagar, learned counsel accepts notice on behalf of the respondent.
8. Learned counsel for the respondent submits that both the matters Rectification Petition bearing no. C.O. (COMM IPD-TM) 188/2022 and suit bearing no. CS (Comm.) no. 179/2020 are „Intellectual Property Rights subject matters‟ within the meaning of Section 2
(i), IPD Rules, 2022 and are commercial matters over which IPD of the Court exercises the jurisdiction.
9. Learned counsel submits that in the interest of justice, the suit bearing no. CS (Comm.) no. 179/2020 pending in the Court of Learned District Judge (Commercial Courts), East/Karkardooma District may be withdrawn and transfer to this Court.
10. Since both the matters Rectification Petition bearing no. C.O. (COMM IPD-TM) 188/2022 and suit bearing no. CS (Comm.) no. 179/2020 are both Intellectual Property Rights subject matters within the meaning of Section 2 (i), IPD Rules, 2022 and are commercial matters over which the IPD of this Court exercises the C.O. (COMM.IPD-TM) 188/2022 & CS(COMM) 623/2022 Page 2 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 27/09/2023 at 22:38:58 jurisdiction, the suit bearing no. CS (Comm.) no.
179/2020 is withdrawn from the Court of Learned District Judge (Commercial Courts), East/Karkardooma District and is assigned to this Court."
4. The parties in the present suit are M/s. Atcom Technology Co. Ltd. - Plaintiff, Mr. Rahul Gupta - Defendant No.1, Hubris Enterprises - Defendant No.2 and Hubris Technologies Private Limited - Defendant No.3. The Plaintiff is claiming to be a well-established business in the field of Voice over Internet Protocol (VoIP) technology and has used the mark 'ATCOM' and various devices thereof in respect of its business. The Plaintiff had filed the present suit against the Defendants in which the allegation was that a distribution agreement had been entered into and after the expiry of the said agreement, the Defendants continued to use the mark.
5. During the pendency of the suit, a cancellation petition has also been filed by the Plaintiff seeking rectification/cancellation of the Defendant's mark bearing no.4132551 in class 9. Today, however, all the parties submit that the disputes have been resolved amicably between the parties and consent terms for the same have been recorded and signed by the authorised representatives of parties.
6. As per the consent terms, the Defendant No.1 has transferred all rights, title and interest in the said registered trademark in favour of the Plaintiff vide the deed of assignment dated 11th August, 2023. Defendant No.2 has also transferred the ownership of the domain name www.atcom.co.in to the Plaintiff by the assignment deed dated 11th August, 2023. The Defendants have stopped using the mark 'ATCOM' and have agreed to suffer a decree in terms of paragraph (a) to (d) of the prayer in the plaint.
C.O. (COMM.IPD-TM) 188/2022 & CS(COMM) 623/2022 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 27/09/2023 at 22:38:58
7. The Court has perused the consent terms arrived at between the parties as given in the present application. The application is signed by the authorised representatives of the parties as also their counsels. The terms of agreement are lawful and there is no impediment in recording the same. Accordingly, the suit is decreed in terms of paragraphs 29(a) to (d) of the plaint. It is made clear that the consent terms shall be binding on all the parties and anyone else acting for or on their behalf.
8. The trademark assignment agreement be now recorded in favour of the Plaintiff within eight weeks after receipt of this order. The cancellation petition is also disposed of directing the trademark registration to be assigned in favour of the Plaintiff. The Plaintiff henceforth be recognized as registered owner of the said mark. The present order shall be communicated to Controller General of Patents, Designs & Trademarks of India (CGPDTM) along with the application and the documents executed therein. The Registry is directed to supply a copy of the present order to the office of the CGPDTM on the e- mail- [email protected] for compliance of this order.
9. The suit along with all pending applications as also the cancellation petition are disposed of in the above terms.
10. Decree sheet be drawn accordingly in terms of paragraphs 29(a) to (d) of the plaint and as per the consent terms contained in the application under Order 23 Rule 3 CPC.
PRATHIBA M. SINGH, J.
SEPTEMBER 25, 2023/dk/am C.O. (COMM.IPD-TM) 188/2022 & CS(COMM) 623/2022 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 27/09/2023 at 22:38:59