Delhi High Court - Orders
Ganraj Enterprises vs Land Mark Crafts Pvt. Ltd & Anr on 18 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~6 to 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 164/2022 & I.As. 22465/2022, 5794/2023
GANRAJ ENTERPRISES ..... Appellant
Through: Mr. Amit Sibal Sr. Advocate with
Mr. Sandeep Khatri, Mr. Shivani
Negi, Mr. Sharabh Shrivastava, Ms.
Anushka Aman & Mr. Ujjwal
Bhardwaj, Advocates.
versus
LAND MARK CRAFTS PVT. LTD & ANR. ..... Respondents
Through: Mr. J Sai Deepak, Mr Vipin Wason,
Ms Stuti Wason, Advocates for R-1.
7 WITH
+ FAO-IPD 20/2022, CM 150/2022, 10/2023, 38/2023
GANRAJ ENTERPRISES & ORS. ..... Decree Holders
Through: Mr. Amit Sibal Sr. Advocate with
Mr. Sandeep Khatri, Mr. Shivani
Negi, Mr. Sharabh Shrivastava, Ms.
Anushka Aman & Mr. Ujjwal
Bhardwaj, Advocates.
versus
LAND MARK CRAFTS PVT. LTD & ANR...... Judgement Debtors
Through: Mr. J Sai Deepak, Mr Vipin Wason,
Ms Stuti Wason, Advocates for R-1.
8 AND
+ C.O. (COMM.IPD-TM) 155/2023
MRS. SHUBHANGI S. JACHAK ..... Petitioner
Through: Mr. Amit Sibal Sr. Advocate with
Mr. Sandeep Khatri, Mr. Shivani
Negi, Mr. Sharabh Shrivastava, Ms.
Anushka Aman & Mr. Ujjwal
Bhardwaj, Advocates.
versus
LAND MARK CRAFTS PVT. LTD & ANR. ..... Respondents
Through: Mr. J Sai Deepak, Mr Vipin Wason,
Ms Stuti Wason, Advocates for R-1.
C.A.(COMM.IPD-TM) 164/2022 & connected matters Page 1 of 4
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 19/10/2023 at 23:21:41
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 18.10.2023
1. This hearing has been done through hybrid mode. CM 10/2023 & CM 38/2023 (for production of additional documents) in FAO-IPD 20/2022
2. These are two applications for production of additional documents. The additional documents which are filed with CM 38/2023 are taken on record subject to any rebuttal documents which the Respondent may wish to file and subject to any objections.
3. Application is disposed of.
I.A. 5794/2023 (for delay) in C.A.(COMM.IPD-TM) 164/2022
4. This is an application seeking 60 days delay in filing a reply. For the reasons stated in the application, delay in filing the reply is condoned. Accordingly, application is disposed of.
I.A. 18441/2023 (for delay) in C.O. (COMM.IPD-TM) 155/2023
5. This is an application seeking 10 days delay in filing a reply. For the reasons stated in the application, delay in filing the reply is condoned. Accordingly, application is disposed of.
C.A.(COMM.IPD-TM) 164/2022 & I.A. 22465/2022 (for stay) FAO-IPD 20/2022 & CM 150/2022 (for stay) C.O. (COMM.IPD-TM) 155/2023
6. Pursuant to the previous order dated 11th August, 2023, ld. Counsel for the Appellant - Ganraj Enterprises has handed over the alternate packaging which the Appellant wishes to adopt.
C.A.(COMM.IPD-TM) 164/2022 & connected matters Page 2 of 4This 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 19/10/2023 at 23:21:41
7. The Court has perused the packaging. The image of the same is captured below:
8. Ld. Counsels for the Respondents have also perused the packaging and submits that the basic objection would now be in respect of the mark 'HP' being used by the Appellant.
9. As recorded in the previous order dated 11th August, 2023 there is a stark similarity in the colour combination and the packaging of the competing products of the two parties. Considering the fact that there is a Farewell Reference today, the detailed hearing in the appeal would not be possible. In view thereof, the Appellant is directed to henceforth adopt the new packaging which is handed over today.
10. The above packaging shall now be adopted for all the fresh manufacture which the Appellant shall undertake.
11. Insofar as the issue of the mark 'HP' is concerned, the stand of the Appellant is that Respondent cannot claim monopoly on the said mark 'HP'. The stand of the Respondent is obviously to the contrary as it claims to be the registered owner of the mark 'HP'.
C.A.(COMM.IPD-TM) 164/2022 & connected matters Page 3 of 4This 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 19/10/2023 at 23:21:41
12. The rectifications qua the Respondent's mark which are now subject matter of the appeals, are pending before this Court. Let the pleadings in all these three matters be completed.
13. List before the Joint Registrar on 8th December, 2023 for completion of pleadings.
14. List before the Court on 3rd April, 2024 for hearing.
PRATHIBA M. SINGH, J OCTOBER 18, 2023 Rahul/ kt C.A.(COMM.IPD-TM) 164/2022 & connected matters Page 4 of 4 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 19/10/2023 at 23:21:41