Delhi High Court - Orders
Disposafe Health And Life Care Ltd & Anr vs Rajiv Nath & Anr on 28 July, 2022
Author: Jyoti Singh
Bench: Jyoti Singh
$~14&17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
14
+ CS(COMM) 139/2016
DISPOSAFE HEALTH AND LIFE
CARE LTD & ANR. ..... Plaintiffs
Through: Mr. Bhawani Singh and Mr. Jaydeep
Roy, Advocates.
versus
RAJIV NATH & ANR. ..... Defendants
Through: Mr. Peeyoosh Kalra, Ms. V. Mohini,
Mr. Udayvir Rana and Mr. Garvil Singh,
Advocates.
17
+ CS(COMM) 1494/2016
HINDUSTAN SYRINGES & MEDICAL
DEVICES LIMITED ..... Plaintiff
Through: Mr. Peeyoosh Kalra, Ms. V. Mohini,
Mr. Udayvir Rana and Mr. Garvil Singh,
Advocates.
versus
DISPOSAFE HEALTH AND LIFE
CARE LIMITED & ANR. ..... Defendants
Through: Mr. Bhawani Singh and Mr. Jaydeep
Roy, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 28.07.2022
CS(COMM) 139/2016
1. Parties have exchanged their proposed issues. After hearing the parties, the following issues are framed:-
i. Whether the Plaintiffs are proprietor of the mark 'DISPOSAFE' Signature Not Verified Digitally Signed CS(COMM) 139/2016 & CS(COMM) 1494/2016 Page 1 of 3 By:KAMAL KUMAR Signing Date:04.08.2022 16:30:17 and/or other DISPO formative marks?OPP.
ii. Whether the adoption of the trademark DISPOSAFE and/or other DISPO formative marks by the Defendants is bonafide in view of the stand of the Plaintiffs that they are the prior user and prior adopter of the said mark?OPP.
iii. Whether the suit filed by Plaintiffs suffers from concealment and misrepresentation of facts?OPD.
iv. Whether the Defendants have passed off the goods of Plaintiff under the trademark 'DISPOSAFE' and/or other DISPO formative marks?OPP.
v. Whether the Plaintiffs are entitled to relief of damages?OPP. vi. Whether the suit filed by the Plaintiffs is bad for mis-joinder of parties by virtue of there being no cause of action against Defendant No. 1?OPD.
vii. Relief, if any.
CS(COMM) 1494/2016
2. Parties have exchanged their proposed issues. After hearing the parties, the following issues are framed-:
i. Whether Plaintiff is the proprietor of the trade mark DISPOVAN, DISPOCANN, DISPOFLON, DISPONEO ALPHA, DISPOWAY, DISPOWAY PLUS and other DISPO formative marks?OPP.
ii. Whether use of DISPOCAN and other DISPO formative marks by Defendants tantamounts to infringement of Plaintiff's registered trademarks?OPP.
iii. Whether use of DISPOCAN and other DISPO formative marks by Defendants tantamount to passing off?OPP. iv. Whether Defendants can claim prior rights in the mark DISPOCAN or other DISPO formative marks by virtue of adoption or use?OPD.
v. Whether the Plaintiff is entitled to the relief of damages?OPP.
vi. Relief, if any.Signature Not Verified Digitally Signed CS(COMM) 139/2016 & CS(COMM) 1494/2016 Page 2 of 3 By:KAMAL KUMAR Signing Date:04.08.2022 16:30:17
CS(COMM) 139/2016 & CS(COMM) 1494/2016
3. At request of learned counsels for the parties, suits are being consolidated for the purpose of trial.
4. Let list of witnesses and evidence by way of affidavits be filed by the Plaintiffs within a period of six weeks from today. Defendants shall file their list of witnesses and evidence by way of affidavits within a period of six weeks thereafter.
5. List before the learned Joint Registrar on 09.11.2022 for further proceedings.
JYOTI SINGH, J JULY 28, 2022/shivam Signature Not Verified Digitally Signed CS(COMM) 139/2016 & CS(COMM) 1494/2016 Page 3 of 3 By:KAMAL KUMAR Signing Date:04.08.2022 16:30:17