Delhi High Court - Orders
The Cartoon Network Inc vs Mr. Vishvajeet Sharma & Ors on 16 September, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A.No.8190/2020 in
+ CS(COMM)No.1185/2019
THE CARTOON NETWORK INC. .....Plaintiff
Through : Mr. Dhruv Anand, Mr. Udita Patro,
Ms. Kavya Mammen and Ms.
Sampurnaa Sanyal, Advs.
versus
MR. VISHVAJEET SHARMA & ORS. .....Defendants
Through : Mr. Arnav Chatterjee, proxy counsel.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 16.09.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 8190/2020
1. This is an application filed by the plaintiff for referring the matter to the Delhi High Court Mediation and Conciliation Centre [in short "centre"].
2. Mr. Dhruv Anand, who appears on behalf of the plaintiff, fairly concedes that there is a typographical error in paragraph 2 of the application wherein it is averred that the defendants have been restrained from launching their TV channel bearing the name "Cartoon TV". 2.1 Mr. Anand says that instead of "Cartoon TV" what ought to have been adverted to was "Maha Cartoon TV".
CS(COMM)No.1185/2019 page 1 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:17.09.2020 08:02:28 2.2 Mr. Anand further clarifies that what has been stated in paragraph 2
was, in fact, the situation that obtained on 31.08.2016, when an ex-parte order was passed. Mr. Anand says that this position underwent a change on 03.10.2016.
2.3 Mr. Arnav Chatterjee, who appears on behalf of the defendants, affirms this position. Mr. Chatterjee further says that since a clarification has been made by Mr. Anand with regard to the name of the defendants' T.V. channel, the matter can rest at that.
3. Learned counsel for the parties also submit that given the fact that the interim order dated 31.08.2016, as modified by the order dated 03.10.2016, has continued for nearly four years, an attempt could be made to settle the matter on the basis that both, the plaintiff and defendants, could continue to use the mark which is adverted to in the aforementioned order i.e. order dated 03.10.2016.
4. Accordingly, at the request of learned counsel for the parties, list the captioned application on 08.10.2020.
5. Liberty is given to the parties to move a joint application for placing on record the terms of settlement, in case a comprise is reached between them.
RAJIV SHAKDHER, J
SEPTEMBER 16, 2020
Aj/KK
Click here to check corrigendum, if any
CS(COMM)No.1185/2019 page 2 of 2
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:17.09.2020
08:02:28