Verizon Trademark Services Llc & Ors vs M/S Snow Tobacco Industries Llp & Ors on 15 June, 2020

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Delhi High Court - Orders

Verizon Trademark Services Llc & Ors vs M/S Snow Tobacco Industries Llp & Ors on 15 June, 2020

Bench: Rajiv Shakdher

                           $~2
                           *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +       CS(COMM) 171/2020
                                   VERIZON TRADEMARK SERVICES LLC & ORS                        .....Plaintiffs
                                                      Through       Ms. Vaishali Mittal with Mr. Rohin
                                                                    Koolwal and Ms. Mrinali Menon,
                                                                    Advocates.

                                                      versus

                                   M/s SNOW TOBACCO INDUSTRIES LLP & ORS                    .....Defendants
                                                Through  Nemo.

                                   CORAM:
                                   HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                                ORDER

% 15.06.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No.4454/2020

1. Allowed. The plaintiffs are permitted to file additional documents. 1.1 The additional documents will be filed within 30 days of the lockdown qua this Court being lifted.

I.A. 4455/2020 & I.A. 4456/2020

2. Allowed, subject to the plaintiffs curing the deficiencies referred to in the captioned applications within five days of the lockdown qua this Court being lifted.

CS(COMM) 171/2020 & I.A. 4453/2020, 4457/2020

3. Issue summons in the suit and notice in the captioned applications.

CS(COMM) 171/2020 1/3 Signature Not Verified digitally signed byVIPIN KUMAR RAI signing date16.06.2020 01:41

4. The plaintiffs claim that it adopted the trademark VERIZON in 2000 for their operations internationally. 4.1 It is also asserted that the plaintiffs commenced using the aforementioned trademark in India in 2001.

4.2 It is also submitted by the plaintiffs that they only became aware of the fact that the defendants have been using the infringing mark qua cigarettes and smoking tobacco when they came across defendants' application bearing No. 4320474 in Class 34 filed with the Trademark Authority in January 2020. The infringing mark of the defendants is set forth hereafter.

CS(COMM) 171/2020 2/3 Signature Not Verified digitally signed byVIPIN KUMAR RAI signing date16.06.2020 01:41

4.3 It is claimed by the plaintiffs that on 06.01.2020, they issued a cease and desist notice to the defendants. It appears that, thereafter, the plaintiffs addressed a follow up communication dated 20.02.2020 to the defendants, calling upon them to refrain from using the infringing trademark. 4.4 The record is suggestive of the fact that the plaintiffs have also filed a notice of opposition qua the defendant's No.1's trademark application bearing No. 4320474, in Class 34, on 11.03.2020.

5. The case set up by the plaintiffs is that not only are the defendants infringing their registered trademark i.e. VERIZON, but are also passing off their products as if they originate from the plaintiffs causing confusion as to the source of the products.

6. Ms. Vaishali Mittal, who appears for the plaintiffs, submits that given the fact that the defendants are using the impugned mark for their products such as cigarettes and smoking tobacco, it has led to dilution of their registered trademark.

7. Given these circumstances, the plaintiffs have approached this Court for necessary relief.

8. I am informed by Ms. Mittal that notice of present proceedings was given to the defendants vide email dated 03.06.2020. 8.1 The defendants have, it appears, chosen not to join the proceedings.

9. Accordingly, till the next date of hearing, the defendants, their partners or proprietors, principal officers, agents, distributors and all others acting on their behalf are injuncted from manufacturing, marketing, selling, offering, or providing their goods i.e. cigarettes and/or smoking tobacco under the impugned trademark i.e. "VERIZON".

CS(COMM) 171/2020 3/4 Signature Not Verified digitally signed byVIPIN KUMAR RAI signing date16.06.2020 01:41

9.1 This injunction will also apply vis-à-vis the packaging as set out in the picture in paragraph 4.2 above.

9.2 The defendants are also restrained from using the expression "Strictly Youth" on the packaging of the aforementioned products.

10. The plaintiffs will comply with the provisions of Order XXXIX Rule 3 of the CPC within 5 days of the receipt of a copy of this order.

11. Renotify the matter on 13.07.2020.

RAJIV SHAKDHER, J JUNE 15, 2020 pmc/KK Click here to check corrigendum, if any CS(COMM) 171/2020 4/4 Signature Not Verified digitally signed byVIPIN KUMAR RAI signing date16.06.2020 01:41

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Delhi High Court - Orders