Delhi High Court - Orders
Sirona Hygiene Private Limited vs Parulben Navnath Chothani Trading As ... on 13 February, 2024
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 260/2022
SIRONA HYGIENE PRIVATE LIMITED ..... Plaintiff
Through: Mr. Vaibhav Vutts, Ms. Yusuka
Dalmia and Ms. Anupriya Shyam,
Advs.
versus
PARULBEN NAVNATH CHOTHANI TRADING AS SHIV
ENTERPRISE & ORS. ..... Defendants
Through: Mr. Faisal Sherwani, Mr. Shikher
Deep Aggarwal and Ms. Sanjukta
Kaushik, Advs. for D-3
Mr. Vivek Ayyagari and Ms.
Rimjhim Tiwari, Adv. for D-4.
Mr. Manish Jha and Ms. Vedika
Gandhi for D- 19 (thru VC)
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 13.02.2024 I.A. 3450/2024 (under Section 151 CPC)
1. This application has been filed by the plaintiff seeking extension of the interim order dated 25th April, 2022 with respect to defendant no.19. It is stated in the application that by virtue of order dated 25th April, 2022, this Court granted an ex-parte ad interim injunction against defendant no.1 restraining them from manufacture, selling, advertising, distributing any feminine hygiene products or any other cognate or allied goods under the mark "SIRONA" (plaintiff's mark) or "SIROMA" (the mark being used by defendant no.1 for their products) or any mark that is identical or deceptively similar to plaintiff's mark "SIRONA". It is noted that the Court had also directed defendant Nos. 2, 3, and 4, which run the e-commerce platforms to 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 16/02/2024 at 22:29:20 de-list the products of the defendants. Further, the plaintiff was permitted to approach the Court, if there were any residual products which are not taken down.
2. Defendant Nos. 2 to 4 were also directed to give a complete list of all the sellers of "SIRONA" (plaintiff's mark) and defendant's impugned mark "SIROMA" or any cognate or allied goods being sold on their platforms. Subsequently, in July 2023, plaintiff came across infringing and counterfeit products sold by third party sellers on defendant no.19 platform (Flipkart), an e-commerce platform. A take down notice was preferred by the plaintiff qua defendant no.19; a list of URLs was provided to defendant no19, which are extracted hereinbelow:
a. https://www.flipkart.com/pratiksha-healthcare-small-reusable- menstrualcup/p/itm8ada87cde3812?pid=MENGGJKXUVMAGYJX &lid=LSTMENGGJKXUVMAGYJXB2YJB4&marketplace=FLIPK ART&q=PRATIKSHA+HEALTHCARE+Large+Reusable+Menstru al+Cup&store=g9b%2Fiph%2Fflg&srno=s_1_3&otracker=search&o tracker1=search&fm=Search&iid=f1f92a0a-a8a9-43ca-ae4f- 961e47b5ca46.MENGGJKXUVMAGYJX.SEARCH&ppt=sp&ppn= sp&ssid=umjfma9kv40000001690278673487&qH=a9f76d90db5f9ee 7 b. https://www.flipkart.com/pratiksha-healthcare-large-reusable- menstrualcup/p/itm1c9303b655591?pid=MENGGWN3WE88MJCZ &lid=LSTMENGGWN3WE88MJCZMNGGDV&marketplace=FLIP KART&q=PRATIKSHA+HEALTHCARE+Large+Reusable+Menstr ual+Cup&store=g9b%2Fiph%2Fflg&srno=s_1_4&otracker=search& otracker1=search&fm=Search&iid=f1f92a0a-a8a9-43ca-ae4f- 961e47b5ca46.MENGGWN3WE88MJCZ.SEARCH&ppt=sp&ppn=s 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 16/02/2024 at 22:29:20 p&qH=a9f76d90db5f9ee7 c. https://www.flipkart.com/pratiksha-healthcare-medium-reusable- menstrualcup/p/itmaf3e277b9555b?pid=MENGGWMKZTNBRYJY &lid=LSTMENGGWMKZTNBRYJY4AAA6M&marketplace=FLIP KART&q=PRATIKSHA+HEALTHCARE+Large+Reusable+Menstr ual+Cup&store=g9b%2Fiph%2Fflg&srno=s_1_5&otracker=search& otracker1=search&fm=Search&iid=f1f92a0a-a8a9-43ca-ae4f- 961e47b5ca46.MENGGWMKZTNBRYJY.SEARCH&ppt=sp&ppn= sp&ssid=umjfma9kv40000001690278673487&qH=a9f76d90db5f9ee 7 d. https://www.flipkart.com/pratiksha-healthcare-small-reusable- menstrualcup/p/itm1eafce2516850?pid=MENGGWNCYWXDHTZR &lid=LSTMENGGWNCYWXDHTZRUF2K83&marketplace=FLIP KART&q=PRATIKSHA+HEALTHCARE+Large+Reusable+Menstr ual+Cup&store=g9b%2Fiph%2Fflg&srno=s_1_6&otracker=search& otracker1=search&fm=Search&iid=f1f92a0a-a8a9-43ca-ae4f- 961e47b5ca46.MENGGWNCYWXDHTZR.SEARCH&ppt=sp&ppn =sp&ssid=umjfma9kv40000001690278673487&qH=a9f76d90db5f9 ee7 e. https://www.flipkart.com/pratiksha-healthcare-medium-reusable- menstrualcup/p/itm1a4a42f4d9e00?pid=MENGGWPGC9HEQ6QE& lid=LSTMENGGWPGC9HEQ6QEOG19MJ&marketplace=FLIPKA RT&q=PRATIKSHA+HEALTHCARE+Large+Reusable+Menstrual +Cup&store=g9b%2Fiph%2Fflg&srno=s_1_7&otracker=search&otr acker1=search&fm=Search&iid=f1f92a0a-a8a9-43ca-ae4f- 961e47b5ca46.MENGGWPGC9HEQ6QE.SEARCH&ppt=sp&ppn=s p&ssid=umjfma9kv40000001690278673487&qH=a9f76d90db5f9ee 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 16/02/2024 at 22:29:21 7 f. https://www.flipkart.com/pratiksha-healthcare-medium-reusable- menstrualcup/p/itm280db166d9cea?pid=MENGK7JWGXHKKZFF& lid=LSTMENGK7JWGXHK7KZFFEVFSJP&marketplace=FLIPKA RT&q=PRATIKSHA+HEALTHCARE+Large+Reusable+Menstrual +Cup&store=g9b%2Fiph%2Fflg&srno=s_1_9&otracker=search&otr acker1=search&fm=Search&iid=f1f92a0a-a8a9-43ca-ae4f- 961e47b5ca46.MENGK7JWGXHKKZFF.SEARCH&ppt=sp&ppn=s p&qH=a9f76d90db5f9ee7 g. https://www.flipkart.com/pratiksha-healthcare-large-reusable- menstrualcup/p/itm93c38af4826ad?pid=MENGGWZHDXH6MNV W&lid=LSTMENGGWZHDXH6MNVW3QXZG6&marketplace=F LIPKART&q=PRATIKSHA+HEALTHCARE+Large+Reusable+Me nstrual+Cup&store=g9b%2Fiph%2Fflg&srno=s_1_14&otracker=sea rch&otracker1=search&fm=Search&iid=f1f92a0a-a8a9-43ca-ae4f- 961e47b5ca46.MENGGWZHDXH6MNVW.SEARCH&ppt=sp&ppn =sp&qH=a9f76d90db5f9ee7 h. https://www.flipkart.com/pratiksha-healthcare-medium-reusable- menstrualcup/p/itm10ecb743eef96?pid=MENGFW8BSFZM3J6C&li d=LSTMENGFW8BSFZM3J6CEOV59X&marketplace=FLIPKART &q=PRATIKSHA+HEALTHCARE+Large+Reusable+Menstrual+C up&store=g9b%2Fiph%2Fflg&srno=s_1_13&otracker=search&otrac ker1=search&fm=Search&iid=f1f92a0a-a8a9-43ca-ae4f- 961e47b5ca46.MENGFW8BSFZM3J6C.SEARCH&ppt=sp&ppn=sp &qH=a9f76d90db5f9ee7
3. Subsequently, the plaintiff filed an application to implead defendant 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 16/02/2024 at 22:29:21 no.19 as a party to the suit, which was allowed by this Court on 12th September, 2023. It is further pointed out by the counsel for the plaintiff that vide order dated 7th October, 2022, this Court had extended the interim injunction granted on 25th April, 2022 to newly impleaded defendant nos. 6 to 15, at that stage. Plaintiff therefore seeks a similar direction with respect to defendant no.19.
4. Counsel for defendant no.19 appears through video conferencing and states that there is no plea against defendant no.19 by the plaintiff of any wrongdoing, and defendant no.19 has filed its written statement in this regard.
5. Be that as it may, considering that the issue merely relates to de-listing of infringing and counterfeit products on e-commerce websites, interim injunction granted on 25th April, 2022 shall stand extended to defendant no.19.
6. The relevant paras of the said injunction order read as under:
"
24. Accordingly, in the facts and circumstances of this case, the following directions are issued:
1. Defendant No.1 is restrained from manufacturing, selling advertising, distributing any feminine hygiene products or any other cognate or allied goods under the mark "SIRONA" or "SIROMA" or any mark that is identical or deceptively similar to Plaintiffs mark "SIRONA". The Defendant No.1 is also restrained from using containers and packaging which are a substantial imitation of the Plaintiff s products.
2. Defendant Nos. 2, 3, and 4, which run the e-
commerce platforms www.snapdeal.com, www.meesho.com, www.amazon.in respectively, shall immediately take down all the products which arc bearing the mark "SIROMA" or SIRONA, not belonging to the Plaintiff, within 36 hours after receiving this order. If after 36 hours any further infringing products 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 16/02/2024 at 22:29:21 under the mark "SIROMA" are available on these platforms, the Plaintiff shall intimate the same along with URLs, to these platforms which shall be taken down within 36 hours from the intimation. If there are any residual products which are not taken down, the Plaintiff is permitted to approach the Court.
3. The Defendant Nos.2, 3, and 4 shall also give a complete list of all the sellers of "SIRONA" and "SIROMA" feminine hygiene products or any cognate or allied goods being sold on their platforms to the Plaintiff. Upon receiving this order, the details of the said sellers along with their addresses, contact details, email addresses, quantum of sales etc. shall be provided to the Plaintiff within 1 week. Upon the said details being received, the Plaintiff is permitted to implead them in the present suit as Defendants."
7. The application is disposed of with these directions.
CS(COMM) 260/2022
1. Counsel for defendant no.3 states that they have already complied with the directions and have no further role in the present suit. He, therefore, seeks liberty to file an application for deletion of defendant no.3 from the array of defendants.
2. Liberty granted.
3. The application shall be taken up as and when filed.
4. List before the Joint Registrar on 24th April, 2024, the date already fixed.
5. Order be uploaded on the website of this Court.
ANISH DAYAL, J FEBRUARY 13, 2024/sm/ig 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 16/02/2024 at 22:29:21