Red Bull Ag vs Dugar Overseas Pvt Ltd & Anr on 26 November, 2021

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Delhi High Court - Orders

Red Bull Ag vs Dugar Overseas Pvt Ltd & Anr on 26 November, 2021

Bench: Sanjeev Narula

                          $~28
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(COMM) 351/2021
                                 RED BULL AG                                             ..... Plaintiff
                                                   Through:    Mr. Raghav Vig, Ms. Naqeeb Nawab
                                                               and Ms. Himanshu Deora, Advocates.

                                                   versus

                                 DUGAR OVERSEAS PVT LTD & ANR.              ..... Defendants
                                             Through: Mr. Sudeep Chatterjee, Mr. Tejveer
                                                      Singh Bhatia, Mr. Rohan Swarup and
                                                      Ms. Tanya Arora, Advocates for D-1.

                               CORAM:
                               HON'BLE MR. JUSTICE SANJEEV NARULA
                                       ORDER

                          %            26.11.2021
                          [VIA HYBRID MODE]

I.A. No. 15461/2021 (seeking clarification of the Order dated 27th October, 2021)

1. The suit was decreed vide Order dated 27th October, 2021. The present application seeks a modification to the following effect - "to the limited extent that it does not, in any manner, put any embargo on the Defendant No. 1 for use of wordmark BLUNT for energy drinks or beverages except in the colour combination Blue and Silver."

2. Counsel for the Applicant/ Defendant No. 1 states that although the decree was passed on consent terms and while there was an understanding between the parties that Defendant No. 1 would not use the colour combination of 'Blue and Silver' with respect to its energy drink viz.

Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:30.11.2021 12:27

BLUNT, Defendant No. 1 never agreed to give up its right on the wordmark viz. 'BLUNT'. However, since prayer clauses along with the images contained therein (including wordmark 'BLUNT') have been reproduced in the order, a clarification is necessary to the limited extent that the said order does not create an embargo on Defendant No. 1 from using the said wordmark 'BLUNT'.

3. Mr. Raghav Vig, counsel for the Non-Applicant/ Plaintiff, does not have any objection to the prayer made in the aforesaid application.

4. In view of the foregoing, the consent terms recorded in the Order dated 27th October, 2021 are clarified to the limited extent that there is no embargo on Defendant No. 1 from using wordmark viz. 'BLUNT' for energy drinks or beverages except in the colour combination of 'Blue and Silver'.

5. The decree passed vide Order dated 27th October, 2021 is modified to the above extent.

6. With the above directions, the present application is disposed of.

SANJEEV NARULA, J NOVEMBER 26, 2021 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:30.11.2021 12:27

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Delhi High Court - Orders