Delhi High Court - Orders
Walmart Apollo Llc vs Shah Jahan on 26 July, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 266/2022 & I.As.6421-22/2022
WALMART APOLLO LLC ..... Plaintiff
Through: Ms. Anuradha Salhotra, Mr. Sumit
Wadhwa & Mr. Siddhant Srivastava,
Advocates (M-9899783837)
versus
SHAH JAHAN ..... Defendant
Through: Mr.KLDS Vinober, Ms. Garima
Singh & Mr. D.D. Verma, Advocates
(M-9540122831)
Mr. Harish V. Shankar, CGSC with
Mr. Srish Kumar Mishra, Mr. Sagar
Mehlawat & Mr. Alexander Mathai
Paikaday, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 26.07.2022 I.As. 6421/2022 (for stay) & 6422/2022 (for local commissioner)
1. The Plaintiff- Walmart Apollo LLC has filed the present suit against the Defendant who is using the name 'WALMART MARINE SERVICES' both as a trading style and as a domain name -
'www.walmartmarineservices.com' in relation to his business of providing marine services on ships including, trading, maintenance, security, cold storage, marine lubricating oils, etc. Vide order dated 27th April, 2022, this Court had appointed Local Commissioner to ascertain the date of adoption of the impugned mark by the Defendant and the extent of use of the said mark.
2. The Local Commission has been executed and the report has been Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:27.07.2022 17:00:09 placed on record by the Local Commissioner. The ld. Counsel for the Defendant has entered appearance and submits that the Defendant is willing to give up the use of the mark and the name 'WALMART MARINE SERVICES' both as domain name and as part of the trading style. Upon being questioned as to what costs the Defendant is willing to pay, ld. Counsel for the Defendant, upon instructions, submits that his client is willing to pay a sum of Rs.4 lakhs as costs to the Plaintiff within a period of three months.
3. Accordingly, the Defendant having agreed to not to use the name and mark 'WALMART' and also having agreed to pay a sum of Rs.4 lakhs, it is deemed appropriate to direct the parties to file an application under Order XXXIII Rule 3 CPC capturing the settlement terms for a decree in terms of the settlement.
4. In view of the fact that the Defendant has been using the said mark for the last 10 years as part of chandler services provided by it, as per Local Commissioner's report, the Defendant shall stand restrained from using the mark and name 'WALMART' as part of its trading style with effect from 01st October, 2022.
5. I.A. 6421/2022 and I.As. 6422/2022 are disposed of. CS(COMM) 266/2022
6. List on 16th August, 2022 for filing of the settlement application.
PRATHIBA M. SINGH, J.
JULY 26, 2022 Rahul/SK Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:27.07.2022 17:00:09