Bombay High Court
Delta Corp. Ltd vs Deltin Games 24 X 7 Pvt Ltd And 3 Ors on 25 July, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
2023:BHC-OS:7343
11-ia-965-2023.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO.965 OF 2023
IN
COMS IPR SUIT NO.35 OF 2023
Delta Corp Ltd. ...Applicant /
Plaintiff
Versus
DeltinGames24X7 Private Limited & Ors. ...Defendant
----------
Mr. Rohan Kadam, Mr. Biswadeep Chakravarthy, Mr. Aditya Bihani
and Mr. Mitansh Shah i/b. AZB and Partners for the Applicant /
Plaintiff.
Mr. Manoj Mahajan, Managing Director of Defendant No.1.
----------
CORAM : R.I. CHAGLA J
DATE : 25 JULY 2023
ORDER :
1. Defendant No.2 is present in Court. He states that he is authorised to represent Defendant No.1 of whom he is the Managing Director and the Defendant Nos.3 and 4 who are relatives of Defendant No.2.
1/5 ::: Uploaded on - 27/07/2023 ::: Downloaded on - 27/07/2023 22:44:51 :::
11-ia-965-2023.doc
2. The learned Counsel for the Plaintiff has tendered the format of withdrawal letter for withdrawal of captioned Trade Mark Application No.5127315 in Class 41 in the name of Deltin Games 24X7 Private Limited which is to be addressed by Defendant No.2 as Managing Director of Defendant No.1 which is taken on record and marked 'X' for identification. Defendant No.2 states that he will execute the withdrawal letter marked 'X'.
3. Defendant No.2 further states on behalf of all the Defendants that, they do not have any impugned food and beverages, paper articles, printed materials, playing cards, gaming, hospitality and entertainment, etc. He also undertakes to change the corporate name of Defendant No.1.
4. The statement made by Defendant No.2 on behalf of the Defendants is accepted as undertaking to this Court.
5. Defendant No.2 on behalf of the Defendants submits to a decree in terms of prayer Clauses (a), (b) and (d) of the Plaint.
6. The Suit is disposed of and decreed in terms of prayer 2/5 ::: Uploaded on - 27/07/2023 ::: Downloaded on - 27/07/2023 22:44:51 ::: 11-ia-965-2023.doc Clauses (a), (b) and (d) of the Plaint, which read thus:-
(a) A Decree and Order of perpetual injunction restraining the Defendants, their management, members, affiliates, directors, servants, officers, employees, representatives, agents and all other persons claiming through or under them or acting in concert with them from infringing the Plaintiff's registered trademarks including at Exhibit "B" from using the DELTIN in their trading / corporate name DeltinGames24X7 Private Limited, use of the DELTIN as part of the domain www.deltinrummy.in and / or use of the DELTIN on its website or any other similar trademark by itself or in conjunction with any word, mark, prefix, suffix, logo, label, sign or any mark similar / deceptively similar mark to Plaintiff's trademark at "Exhibit" and / or in any other manner whatsoever including but not limited to use of a domain name, website, Youtube, Google, Yahoo, Linked-In, social media, stationary, letterheads, advertisements, brochures, pamphlets or in any manner whatsoever.
(b) A Decree and Order of perpetual injunction restraining the Defendants, their management, members, affiliates, directors, servants, officers, employees, representatives, agents and all other persons claiming through or under them or acting in concert with them from using the DELTIN in their trading / corporate name DeltinGames24X7 Private Limited, use of the DELTIN as part of the domain www. deltinrummy.in and / or use of the DELTIN on its website or any other similar trademark by itself or in conjunction with any word, mark, prefix, suffix, logo, label, sign or any mark similar / deceptively similar mark to Plaintiff's trademark at "Exhibit" so as to pass off or enable others to pass off the services of the Defendants as and for the products and services of the Plaintiff including but not limited to use of a domain 3/5 ::: Uploaded on - 27/07/2023 ::: Downloaded on - 27/07/2023 22:44:51 ::: 11-ia-965-2023.doc name, website, Youtube, Google, Yahoo, Linked-In, social media, stationary, letterheads, advertisements, brochures, pamphlets or in any manner whatsoever.
(d) A Decree and Order directing the Defendants to forthwith withdraw trademark application bearing number 5127315 in Class 41 perpetually restrain Defendants form filing any trademark applications for the Plaintiff's trademarks, including at Exhibit B or any marks deceptively similar to Plaintiff's trademarks, including at Exhibit B and / or diluting Plaintiff's trademark 'DELTIN' in any manner whatsoever.
7. The Interim Application No.965 of 2023 does not survive and is disposed of accordingly.
8. Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.
9. A soft copy of the Consent Terms will be uploaded as the second order in the matter.
10. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 4/5 ::: Uploaded on - 27/07/2023 ::: Downloaded on - 27/07/2023 22:44:51 :::
11-ia-965-2023.doc
11. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.
[R.I. CHAGLA J.] 5/5 ::: Uploaded on - 27/07/2023 ::: Downloaded on - 27/07/2023 22:44:51 :::