Delhi High Court - Orders
Ds Intellectual Properties Pvt. Ltd vs Mr. Faizi Khan on 7 April, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:09.04.2022
15:24:47
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 222/2022 & I.A. 5467-71/2022, 5512/2022
DS INTELLECTUAL PROPERTIES PVT. LTD. ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali Mittal
& Mr. Souradeep Mukhopadhyay,
Advocates. (M:9872464015)
versus
MR. FAIZI KHAN ..... Defendant
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 07.04.2022
1. This hearing has been done through hybrid mode. I.A. 5471/2022 (for exemption)
2. Allowed, subject to all just exceptions. I.A. 5471/2022 is disposed of. I.A. 5469/2022 (additional documents)
3. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015. The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015.
4. I.A. 5469/2022 is disposed of.
I.A. 5512/2022(exemption from filing court fees)
5. This is an application filed by the Plaintiff seeking exemption from filing the court fee and process fee. The time for filing court fee is extended by one week.
6. The Registry is directed to file a report confirming the deposit of court CS(COMM) 222/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:Devanshu Signing Date:09.04.2022 15:24:47 fee by the next date of hearing.
7. I.A. 5512/2022 is disposed of.
I.A. 5470/2022 (u/S 12A)
8. This is an application seeking exemption from instituting pre-litigation mediation. In view of the orders passed in CS (COMM) 132/2022 titled Upgrad Education v. Intellipaat Software, I.A. 5470/2022 exemption is allowed.
9. I.A. 5470/2022 is disposed of.
I.A. 5468/2022(u/O 11 R 2 CPC)
10. This is an application filed by the Plaintiff's under Order 11 Rule 2 seeking administration of interrogatories upon the Defendant.
11. Issue notice.
CS(COMM) 222/2022
12. Let the plaint be registered as a suit.
13. Issue summons to the Defendant through all modes upon filing of Process Fee.
14. The summons to the Defendant shall indicate that a written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
15. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any CS(COMM) 222/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:Devanshu Signing Date:09.04.2022 15:24:47 documents, the same shall be sought and given within the timelines.
16. List before the Joint Registrar for marking of exhibits on 27th May, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
17. List before Court on 26th April, 2022.
I.A. 5467/2022 (u/O XXXIX Rules 1 & 2 CPC)
18. This is a suit filed by the Plaintiff for permanent injunction restraining infringement of Plaintiff's registered '0 series of trademarks' which includes the marks '0', '00', '000', and '0000'. The said series of marks is used by the Plaintiff under the master brand 'TULSI' and other brands in respect of various tobacco products including bidi, pan masala, chewing tobacco, zarda, khaini, gutka, quiwam, smoker's articles etc.
19. The grievance of the Plaintiff is that the Defendant has starting using the trademark '00', '(00) DOUBLE ZERO', 'ZERO BIDI' in respect of manufacturing and sale of bidis in the following manner:
20. It is further the case of the Plaintiff that the Defendant obtained two registrations for the mark '(00) Double Zero' bearing application no. 3648335 under class 34 from 03rd October, 2017 and application no. 4422153 under class 34 from date 28th January, 2020. The Plaintiff has commenced cancellation proceedings against the said trademarks.
21. After the rectification application was filed by the Plaintiff against the registration of mark 3648335, the Defendant has recently addressed a legal CS(COMM) 222/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:Devanshu Signing Date:09.04.2022 15:24:47 notice dated 26th November, 2021 to the Plaintiff. Vide the said letter, the Defendant has called upon the Plaintiff to not to use the mark, '00'.
22. The adoption of the '0 series of trademarks' which includes '00' mark by the Plaintiff is of the year 1979 and the same is also registered in favour of the Plaintiff in various classes. Hence, the Plaintiff presses for an ad interim injunction in this matter.
23. Considering that the Defendant has two registrations with respect to the mark '(00) Double Zero' and a legal notice was issued by him to the Plaintiff, it is deemed appropriate to issue notice in the application calling upon the Defendant to file a reply within two weeks, upon service.
24. Notice be issued Dasti.
25. Ld. counsel for the Plaintiff is permitted to serve ld. counsel for the Defendant. Registry to also issue intimation to the ld. Counsel for the Defendant whose detail are mentioned below:
Mr. Shabab Ahmad Khan, Advocate, C. N. - 181, Court Compound, District- Rampur, U.P. [Mob. No.- 9927276659, email- [email protected] ]
26. On the next date of hearing, the interim injunction application shall be taken up for hearing.
27. List on 26th April, 2022.
PRATHIBA M. SINGH, J.
APRIL 7, 2022 dj/sk CS(COMM) 222/2022 Page 4 of 4