Delhi High Court - Orders
Spykar Lifestyles Private Limited vs Deepak Singhal Trading As Shyam Plastic ... on 17 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 224/2023
SPYKAR LIFESTYLES PRIVATE LIMITED ..... Petitioner
Through: Mr. Manu Nair, Mr. J.V. Abhay, Mr.
Manik Sachdeva, Ms. Henal Vakhoria,
Mr. Dhruv Grover and Mr. Abhineet
Kalia, Advocates.
versus
DEEPAK SINGHAL TRADING AS SHYAM PLASTIC
INDUSTRIES ..... Respondent
Through: Mr. U. K. Singhal, Ms. Akshita
Chhatwala Setiya, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 17.05.2024
1. The present petition is filed under Sections 47 & 57 of the Trade Marks Act, 19991, seeks cancellation of the mark "SPYKAR"/ " "2 bearing No. 1253722 in Class 25. The Respondent herein, Mr. Deepak Singhal is the registered proprietor of the Impugned Mark. On 18th August, 2023, this Court, while exercising its powers of consolidation under Rule 26 of the Delhi High Court Intellectual Property Division Rules, 2022, directed that the instant petition be listed along with a connected suit being CS(COMM) 545/20233.
2. Mr. Singhal has been impleaded as Defendant No. 3 in the connected suit, and is the proprietor of Shyam Plastic Industries and one of the first 1 "Act"
2"Impugned Mark"3
"Connected suit"
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 31/05/2024 at 22:01:49 directors of Shyam Foot Tech Private Limited, who have been impleaded in the connected suit as Defendants No. 1 and 2 respectively.
3. During the course of proceedings in the instant petition as well as the connected suit, the parties have executed a Settlement Agreement dated 23rd April, 2024, wherein the terms of Clause 4, reads as follows:
"4. The Defendant No. 3 will not object to the prayers sought by the Plaintiff in the Cancellation Petition C.O. (COMM.IPD-TM) No. 224/2023, thereby allowing its registration No. 1253722 in Class 25 for the mark " " to be removed from the Register."
4. Counsel for Respondent, states that he has no objection to the mark being cancelled in terms of the aforenoted settlement agreement.
5. Accordingly, the present petition is allowed with the following directions:
(i) Registration under application No. 1253722 for mark "SPYKAR"
in class 25, is cancelled.
(ii) Trademark Registry shall issue appropriate notification to this effect.
SANJEEV NARULA, J MAY 17, 2024 as 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 31/05/2024 at 22:01:49