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Gmr Enterprises Pvt. Ltd. (Gepl) vs Gadham Ramesh on 9 October, 2020

Author: Mukta Gupta

Bench: Mukta Gupta

                                      $~3
                                      *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +     CS(COMM) 436/2020
                                            GMR ENTERPRISES PVT. LTD. (GEPL)                ..... Plaintiff
                                                    Represented by: Mr.Chander Lall, Sr.Advocate with
                                                                    Ms.Bruna Lavu, Mr.Bhavya Goyal,
                                                                    Mr.Pranit Bhattacharya and
                                                                    Ms.Nancy Roy, Advocates.

                                                                versus

                                            GADHAM RAMESH                                    .... Defendant
                                                    Represented by:          None.

                                            CORAM:
                                            HON'BLE MS. JUSTICE MUKTA GUPTA
                                                                ORDER

% 09.10.2020 The hearing has been conducted through Video Conferencing. I.A. 9183/2020 (exemption from filing certified/original copies)

1. Allowed, subject to all just exceptions.

2. Original documents be filed within two weeks of the resumption of the normal functioning of the Court.

3. Application is disposed of.

I.A. 9182/2020 (extension for filing court fee)

1. Learned counsel for the plaintiff seeks leave to withdraw this application as the Court fee has already been filed.

2. Leave granted.

3. Application is dismissed as withdrawn.

Signing Date:10.10.2020 05:33:23 This file is digitally signed by PS to HMJ Mukta Gupta CS(COMM) 436/2020 I.A. 9180/2020 (under Order XXXIX Rule 1 and 2 CPC) I.A. 9181/2020 (under Order II Rule 2 CPC)

1. Plaint be registered as suit.

2. Issue summons in the suit and notice in the application to the defendant on the plaintiff taking steps through email, SMS, whatsapp, Speed Post and Courier, returnable before this Court on 24 th February, 2021.

3. Written statement and reply affidavit along with affidavit of admission/denial be filed within 30 days of the receipt of summons in the suit and notice in the application.

4. Replication and rejoinder affidavit, along with affidavit of admission/denial, be filed within three weeks thereafter.

5. Present suit has been filed by the plaintiff claiming that it is the original inventor, prior user and registered owner of the mark GMR/ for its services in the fields of infrastructure, transportation, energy, education and other affiliated businesses. Claim of the plaintiff is that the plaintiff adopted this mark in the year 1978 and the plaintiff company today has expanded its business into various sectors over the years such as including Airports, Energy, Transportation Urban Infrastructure, Education and Philanthropic activities. The mark of the plaintiff has already been declared a well known mark by the Trademark Registry on 24th February, 2020 and documents in relation whereof have been filed by the plaintiff.

Signing Date:10.10.2020 05:33:23 This file is digitally signed by PS to HMJ Mukta Gupta

6. Plaintiff has registration of its word mark and the device mark in classes-1, 9, 6, 16, 19, 22, 23, 24, 35, 36, 37, 38, 40, 41 and 42. The plaintiff's group companies comprises of nearly 92 companies in India and abroad wherein the companies use the name 'GMR' which is on the name of its founder Mr.G.M.Rao.

7. Grievance of the plaintiff in the present suit is to the adoption of the mark GMR by the defendant which has now opened a news channel on the YouTube. Not only the defendant is using the same mark but stylisation and colour combination also has also been copied with a minor variations as depicted below:

8. The defendant has started its operation under the name 'GMR News Channel' and the logo GMR recently in August, 2020, when the plaintiff legal team came across the defendant's impugned mark published in the trademark journal on 27th July, 2020. In the said application the claim of the defendant was "on proposed to be used basis" and the defendant is now broadcasting under the mark GMR News Channel/ Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 436/2020 Page 3 of 4 Signing Date:10.10.2020 05:33:23 This file is digitally signed by PS to HMJ Mukta Gupta on YouTube since 1st August, 2020. The plaintiff on coming to know about the infringement of its trademark and copyright issued a legal notice to the defendant however, the defendant has not responded to the said notice till date. The plaintiff is concerned not only with the infringement of its trademark as also its copyright in the mark, but also that the news or information published or publicised by the impugned news channel would be misconstrued as the views expressed by the plaintiff and its group companies thereby causing irreparable damage to its reputation and goodwill earned over the years.

9. Considering the averments in the plaint as also the documents filed therewith, this Court is of the opinion that the plaintiff has made out a prima facie case in its favour and in case no ex-parte ad-interim injunction is granted, the plaintiff would suffer irreparable loss. Balance of convenience also lies in favour of the plaintiff. Consequently, the defendant is restrained in terms of prayer (a), (b), (c), (d) and (e) of I.A. 9180/2020 till the next date of hearing before this Court.

10. Compliance under Order XXXIX Rule 3 CPC be made within one week.

11. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

OCTOBER 09, 2020/'vn' Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 436/2020 Page 4 of 4 Signing Date:10.10.2020 05:33:23 This file is digitally signed by PS to HMJ Mukta Gupta