Delhi High Court - Orders
Walmart Apollo Llc vs Aayush Jain & Anr on 8 April, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:12.04.2022
06:08:16
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 565/2021 & I.As.1335-36/2022, 4825/2022
WALMART APOLLO LLC ..... Plaintiff
Through: Ms. Anuradha Salhotra, Mr. Zeeshan
Khan, Ms. Kriti Rathi, Advocates
(M:9560386043)
versus
AAYUSH JAIN & ANR. ..... Defendants
Through: Mr. Mahir Malhotra, Mr. Satish
Kumar, Ms. Smriti Papreja,
Advocates
Mr. Kunal Mittal (Partner of D-2
through VC)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 08.04.2022
1. This hearing has been done through hybrid mode.
2. Ld. Counsel for the Defendants has handed over the new logo 'WM BAZAAR', which the Defendants wish to adopt. The same is taken on record and is also reproduced below:
3. It is made clear that the Defendants may implement the changed logo and the same shall be without prejudice to the rights and contentions of the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.04.2022 06:08:16 Defendants.
4. Ld. Counsel for the Plaintiff submits that litigation costs are liable to be paid by the Defendants, considering their conduct. She points out to the Court that initially the Defendants were using the `Star logo' along with the `W Mart' in a blue background, which is similar to the Plaintiff's logo. The `star logo' was given up by the Defendants when they started using the logo 'W MART'. Thereafter, they have now agreed to change the logo to 'WM BAZAAR'. She further submits that adoption of the Star logo in blue background clearly shows that the Defendants had dishonest intentions to pass off their store as having an association with the Plaintiff-Walmart.
5. Ld. Counsel for the Defendants seeks time to take instructions as to the litigation costs.
6. List for hearing on all the applications on 13th May, 2022.
PRATHIBA M. SINGH, J.
APRIL 8, 2022/aman/AD