Godrej Properties Ltd vs Ashok Kumar & Anr on 26 March, 2021

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Delhi High Court - Orders

Godrej Properties Ltd vs Ashok Kumar & Anr on 26 March, 2021

Bench: Jayant Nath

$~OS-17
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(COMM) 154/2021
     GODREJ PROPERTIES LTD                  ..... Plaintiff
                   Through Mr.Pravin Anand, Mr.Shrawan
                           Chopra and Mr.Vaibha Mittal, Advs.
                   versus

      ASHOK KUMAR & ANR.                                 ..... Defendants
                  Through                 Mr.(appearance not given) Adv. for
                                          D-2.

      CORAM:
      HON'BLE MR. JUSTICE JAYANT NATH
              ORDER

% 26.03.2021 IA Nos. 4693-94/2021(exemption) The applications are allowed, subject to all just exceptions. CS(COMM) 154/2021 Let the plaint be registered as a suit.

Issue summons. learned counsel for defendant No.2 accepts notice. Summons be issued to defendant No.1 through speed post, courier and email, returnable for 03.08.2021.

Written statement be filed within thirty days from today. Replication be filed within thirty days thereafter.

IA No.4692/2021

1. This application is filed under Order 39 Rules 1 and 2 CPC seeking an order restraining defendant No.1, its directors etc. from using, depicting, advertising the impugned trade name, mark/logo GODREJ PROPETIES or any other identical/deceptively similar trademarks to that of the plaintiff's registered trademark 'GODREJ', 'GODREJ PROPERTIES' and its variants or from using the impugned domain names www.godrejgroup.in, www.godrejhomes.xyz, www.godrejproperties.home.blog and www.godrejproject.com or any identical/deceptively similar domain names to that of the plaintiff's registered domain name www.godrejproperties.com or from violating the plaintiff's copyright in its logo, website design and website content by using an identical/substantially similar logo/website design or website content, in any manner whatsoever etc.

2. It is stated that the Godrej Group was established in 1897. In 1942, Godrej & Boyce Mfg Co., the holding company of the plaintiff first registered its trademark for 'GODREJ'. In 1973, the plaintiff begun using the well-known trademark/logo GODREJ and 'GODREJ PROPERTIES' and its variants, spanning over a wide geographical area.

3. In 3rd week of November, 2020 the plaint found that defendant No.1 was infringing the plaintiff's statutory and common law rights in its intellectual property as it was using deceptively similar/identical trade name, domain names, trademark and logo through the impugned websites, www.godrejgroup.in, www.godrejhomes.xyz, www.godrejproperties.home.blog. and www.godrejproject.com etc. Hence, the present suit.

4. A perusal of the trademark/tradename being used by defendant No.1 shows that it is a virtual/identical copy of the trademark/tradename of the plaintiff.

5. The plaintiff has made out a prima facie case. An injunction order is passed in favour of the plaintiff and against the defendants in terms of prayer para 19(a) of this application.

6. At this stage, learned counsel appearing for defendant No.2 states that the concerned entity is GoDaddy LLP not GoDaddy India Web Services Pvt. Ltd. but GoDaddy LLP shall abide by the same.

7. Let the plaintiff file an appropriate application for amendment of the plaint.

8. Issue notice. Learned counsel for defendant No.2 accepts notice. Notice be issued to defendant No.1 through email, returnable for 03.08.2021.

9. The plaintiff to comply with the provisions of Order 39 Rule 3 CPC within five days.

JAYANT NATH, J.

MARCH 26, 2021/v

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Delhi High Court - Orders