Delhi High Court - Orders
Azure Knowledge Corporation vs Microsoft Corporation on 4 December, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 374/2021
AZURE KNOWLEDGE CORPORATION ..... Petitioner
Through: Ms. Geetanjali Vishvanathan,
Advocate.
versus
MICROSOFT CORPORATION ..... Respondent
Through: Mr. Amit Sibal, Senior Advocate
Ms. Pooja Dodd, Mr. Darpan
Sachdev, Mr. Saksham Dhingra, Ms.
Akanksha Singh and Ms. Rishika
Aggarwal, Advs. (M. 9811045646)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 04.12.2023
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner-Azure Knowledge Corporation, which is an Ahmedabad based Company using the mark 'AZURE' for various services since 1996. The mark and label 'AZURE' is registered under various classes i.e., 9, 16, 37, 38, 41, 42.
3. The case of the Petitioner is that it has been providing Research services, Business Process Outsourcing - BPO, Knowledge Process Outsourcing - KPO, Computer Software Services, Mobile Platform Services, Digital Transformation Services, Digital Content Creation, Customer Interaction Services and IT solutions, Cloud Computing services, Virtual & Augmented Reality services, Educational training services etc., to various companies, and it has served clients in more than 75 countries. It also has delivery offices in India, China, and USA.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 23:27:58
4. The ground on which the present petition is being filed is that the Respondent- MICROSOFT CORPORATION has registered the mark 'WINDOWS AZURE' in Class 9 and 42 bearing registration No.1750660. It is averred that the Plaintiff came to know of the said mark only when opposition proceedings were being filed against the Plaintiff's mark bearing no. 2120448 and 2120450. It has also been stated that the Petitioner, inadvertently, did not file any opposition to the registration of the mark of the Respondent.
5. A Commercial Civil Suit No. 533 of 2021 is also pending between the same parties before the City Civil Court in Ahmedabad. Ld. Senior Counsel appearing for the Respondent submits that his client has moved an application under Section 124 seeking leave of the Court for filing cancellation petitions of the Petitioner's mark 'AZURE'.
6. In the opinion of this Court, the suit and the cancellation petitions ought to be heard in one forum in order to avoid duplicity, multiplicity and conflicting rulings.
7. Ld. counsels for the parties submit that they will take appropriate steps in this regard.
8. The ld. Counsel for the Petitioner also objects to the additional documents which have been filed by the Respondent. She submits that they were to be filed strictly in accordance with the order dated 25th July, 2023. The said issue shall be considered on the next date of hearing.
9. List on 21st March, 2024.
PRATHIBA M. SINGH, J.
DECEMBER 04, 2023/Rahul/ks This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 23:27:58