Delhi District Court
Elofic Industries (India) vs Star Infomatic Private Limited on 28 September, 2024
IN THE COURT OF SH. SANJAY SHARMA-II : DJ (COMMERCIAL COURT)-11
(CENTRAL): TIS HAZARI COURTS, DELHI
CS (Comm.) No. 1825/2019
CNR No.: DLCT01-006393-2019
M/s. ELOFIC Industries (India)
Patel Motor Market, Kashmere Gate
Delhi-110006
..... Plaintiff
VERSUS
Star Infomatic Pvt. Ltd.
305-306, Building No. G-11
PVR Cinema Complex, Vikaspuri
New Delhi-110018
..... Defendant
Date of Institution : 10.05.2019
Date of Arguments : 26.09.2024
Date of Judgment : 28.09.2024
ORDER
1. The plaintiff filed an application under Order 39 Rule 1 & 2 read with Section 151 of 'The Code of Civil Procedure, 1908' (Hereinafter referred to as 'CPC') for interim injunction.
2. The plaintiff instituted a suit for a decree of permanent injunction to restrain the defendant, its agents, dealers, distributors, representatives from manufacturing, selling, trading, marketing and / or advertising its goods including 'fusion splicing machines' and 'machine tools' under the trademark ELOIK and any other mark deceptively similar to the trademark ELOFIC and passing off its goods under the trademark ELOIK as that of the plaintiff, delivery up, rendition of accounts and cost.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 1 of 15 THE PLAINT:
3. The plaintiff, a registered partnership firm, is carrying on business in 'Oil, Air, Fuel & Hydraulic Filters' used in Automobiles, Agriculture, Industrial, Earthmoving, Marine, Aviation, Industrial Heating and Petrochemical Industries in India and abroad.
4. In 1951, the plaintiff was founded by Late Mohinder Singh Sahni under the name and style 'M/s. ELOFIC Industries (India)'. Initially, the plaintiff had few employees producing around 100 filters per day for 10 applications. At present, the production of the plaintiff is over 63 million units per annum. The plaintiff is covering entire range of vehicles i.e. cars, tractors, commercial vehicles. The plaintiff has three production units in Faridabad, Haryana, Nalagarh, Himachal Pradesh and Hosur, Karnataka. The annual turnover of the plaintiff is Rs. 201/- crores. The plaintiff has around 800 employees. The plaintiff is carrying its business under its firm name as well as through its sister concern 'ELOFIC Industries Limited'.
5. The plaintiff is making continuous improvement with latest technology to produce products of highest standard. The plaintiff maintains high standard of quality procedures guaranteeing optimum performance and long life of engines. The filters manufactured by the plaintiff under the trademark ELOFIC have global reputation for its excellent performance and quality. The Research and Development Department (R&D) Group of the plaintiff has received recognition and approval from Department of Scientific & Industrial Research (DSIR), Ministry of Science & Technology, Government of India. The plaintiff emphasis on research and development to ensure compliance of its products with requisite standard.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 2 of 15
6. The expenses incurred by the plaintiff on research and development, as under:
Year Expenditure on R&D
20102011 54,00,000/
20112012 1,28,00,000/
20122013 1,12,00,000/
20132014 1,82,00,000/
20142015 1,67,00,000/
20152016 1,50,00,000/
20162017 1,74,00,000/
20172018 1,85,00,000/
7. The plaintiff employed latest CAD technology and highly qualified design engineers to develop superlative new products and constantly improve the performance of its products. The plaintiff is equipped with world class testing facilities, as per JIS, ISO and OEM standards. The plaintiff is holding quality assurance certifications.
8. The plaintiff coined and adopted the trademark ELOFIC in 1951. The plaintiff is using trademark ELOFIC since 1951. The trademark ELOFIC has no dictionary meaning. The plaintiff got ELOFIC registered in 1957 in Class 17. Thereafter, the plaintiff got ELOFIC registered in various classes from time to time. The details of the said registrations are, as under:
Trademark Cl. Regd. No. Date of Regn. Status ELOFIC (LABEL) 17 178245 30.01.1957 Registered ELOFIC 12 197319 05.08.1960 Registered EOC WORD 07 207610 05.08.1960 Registered ELOFIC INDUSTRIES (INDIA) 07 223036 27.06.1964 Registered ELOFIC 07 247458 22.02.1968 Registered ELOFIC (LABEL) 07 252967 21.11.1968 Registered ELOFIC DEVICE 07 292401 24.11.1973 Registered ELOFIC 17 293348 04.01.1974 Registered ELOFIC 17 315494 05.06.1976 Registered CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 3 of 15 ELOFIC EOC (DEVICE) 17 363828 15.07.1980 Registered ELOFIC (STYLISED) 12 632832 04.07.1994 Registered ELOFIC (STYLISED) 07 632833 04.07.1994 Registered ELOFIC (LABEL) 07 651834 12.01.1995 Registered ELOFIC VIJAY USTAD 07 654135 01.02.1995 Registered +MAN (DEVICE) ELOFIC 4X 04 1366652 24.06.2005 Registered ELOFIC CNX 04 1676068 15.04.2008 Registered ELOFIC ECOMATE 4X 04 1676069 15.04.2008 Registered ELOFIC GEROL 85 04 1676070 15.04.2008 Registered ELOFIC 4X VICTRA 04 1676071 15.04.2008 Registered ELOFIC VROOM 4X 04 1676072 15.04.2008 Registered ELOFIC MAHI 4X 04 1676073 15.04.2008 Registered ELOFIC MARATHON 4X 04 1676074 15.04.2008 Registered ELOFIC NEXTGEN 04 1676075 15.04.2008 Registered ELOFIC 12 2329363 15.04.2008 Registered ELOFIC 07 2329364 15.04.2008 Registered ELOFIC 17 2329365 10.05.2012 Registered ELOFIC 04 2329366 10.05.2012 Registered ELOFIC (LOGO) 35 3369452 21.09.2016 Registered ELOFIC 1 3699798 11.12.2017 Registered ELOFIC 2 3699799 11.12.2017 Registered ELOFIC 3 3699800 11.12.2017 Registered ELOFIC 6 3699802 11.12.2017 Registered ELOFIC 8 3699803 11.12.2017 Registered ELOFIC 9 3699804 11.12.2017 Registered ELOFIC 10 3699805 11.12.2017 Registered ELOFIC 13 3699807 11.12.2017 Registered ELOFIC 14 3699808 11.12.2017 Registered ELOFIC 18 3699811 11.12.2017 Registered ELOFIC 20 3699813 11.12.2017 Registered ELOFIC 21 3699814 11.12.2017 Registered ELOFIC 22 3699815 11.12.2017 Registered ELOFIC 23 3699816 11.12.2017 Registered ELOFIC 24 3699817 11.12.2017 Registered ELOFIC 25 3699818 11.12.2017 Registered ELOFIC 26 3699819 11.12.2017 Registered CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 4 of 15 ELOFIC 27 3699820 11.12.2017 Registered ELOFIC 28 3699821 11.12.2017 Registered ELOFIC 29 3699822 11.12.2017 Registered ELOFIC 30 3699823 11.12.2017 Registered ELOFIC 31 3699824 11.12.2017 Registered ELOFIC 33 3699826 11.12.2017 Registered ELOFIC 34 3699827 11.12.2017 Registered ELOFIC 36 3699828 11.12.2017 Registered ELOFIC 37 3699829 11.12.2017 Registered ELOFIC 38 3699830 11.12.2017 Registered ELOFIC 39 3699831 11.12.2017 Registered ELOFIC 40 3699832 11.12.2017 Registered ELOFIC 41 3699833 11.12.2017 Registered ELOFIC 42 3699834 11.12.2017 Registered ELOFIC 43 3699835 11.12.2017 Registered ELOFIC 44 3699836 11.12.2017 Registered ELOFIC 45 3699837 11.12.2017 Registered
9. The aforesaid registrations are valid and subsisting. The plaintiff also filed applications for registration of its trademark ELOFIC and ELOFIC logo / device in other classes. The trademark ELOFIC is also registered in Class 4, 7, 12, 17 and 35 in European Union Countries, vide Regn. No. 016342917 dated 27.06.2017, and valid till 10.02.2027.
10. The plaintiff is selling its products under the trademark ELOFIC in distinctive packaging, designed and adopted by the plaintiff, to distinguish its products. The packaging has its own colour schemes, arrangement and layout. The said distinctive features of packaging are original artistic work under Section 2
(c) of 'The Copyright Act, 1957'. The plaintiff spent substantial amount in promotion and advertising of its trademark and packaging through newspaper, magazine and brochures.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 5 of 15
11. The annual sales figures of the plaintiff for the period from 2010 to 2018 are, as under:
YEAR Sales Turnover
2010-2011 11905 Lacs
2011-2012 12628 Lacs
2012-2013 14482 Lacs
2013-2014 16830 Lacs
2014-2015 16909 Lacs
2015-2016 18035 Lacs
2016-2017 20186 Lacs
2017-2018 21909 Lacs
12. The plaintiff is exporting its products to various countries under the trademark ELOFIC. The plaintiff has around 30% sales turnover from export. The plaintiff is manufacturing filters as 'Original Equipment Manufacturer' (OEM) for leading automobile companies. The plaintiff has acquired enviable goodwill and reputation in domestic and overseas market. The trademark ELOFIC is considered as most tested and trusted brand since 65 years. On account of continuous, extensive and uninterrupted use and advertisement, the trademark ELOFIC is associated with the products and business of the plaintiff.
13. The case of the plaintiff is that in last week of February, 2018, during routine trademark search, it came across with the defendant's trademark ELOIK in relation to machines including 'fusion splicing machines' and 'machine tools'. The mark ELOIK was published, vide trademark application No. 3577821 in Class 7 in Trade Mark Journal No. 1821. The plaintiff filed opposition on 27.02.2018. The defendant filed reply to the plaintiff's objections on 02.06.2018. The plaintiff filed evidence before Registrar of Trade Marks on 01.10.2018. The defendant did not file evidence within statutory period.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 6 of 15
14. The case of the plaintiff is that the mark ELOIK is visually, structurally and phonetically similar or nearly identical to the plaintiff's trademark ELOFIC. A comparison of the said marks would show that the defendant created mark ELOIK keeping in view the plaintiff's trademark ELOFIC and goodwill and reputation associated with it. The defendant is using the mark ELOIK in relation to similar goods. The plaintiff is using the trademark ELOFIC in relation to 'filters, oils, lubricants and automobile parts' for surface and air vehicles and the defendant is using the mark ELOIK in relation to machines including 'fusion splicing machines' and 'tools'. The goods of the plaintiff and the defendant are stored and sold under one roof. There is likelihood of confusion and deception regarding origin of the goods.
15. The plaintiff is using the trademark ELOFIC in relation to goods in Class 7 since 1955. The plaintiff has registration in Class 7 since 1955 with user claim since 01.01.1955 in relation to oil, air and fuel filters. A fuel filter is an essential component of machines and it screens out rust and dirt particles from the fuel. The filters are essential part of internal combustion engines. The filters fall in clause 7 of 'The Trade Marks Act, 1999'.
16. The adoption and use of mark ELOIK by the defendant is breach of statutory right of the plaintiff. The adoption and use of mark ELOIK by the defendant is dishonest and actuated with a motive to encash goodwill and reputation of the plaintiff. The defendant has infringed trademark of the plaintiff and passing off its goods. The defendant has no right to use mark ELOIK. The defendant has imitated mark ELOIK in relation to similar goods without any justification. The plaintiff is entitled to an interim injunction to restrain the defendant from using mark ELOIK and any other deceptively similar mark.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 7 of 15 THE DEFENDANT'S APPEARANCE:
17. On being served with the summons of the suit, Mr. Anurag Saxena, Director of the defendant appeared on 04.09.2019. Thereafter, Mr. Vijay Johri, Head of Administration appeared for the defendant on 06.01.2020. However, the defendant did not file written statement. There is no appearance on behalf of the defendant since 06.01.2020.
18. The Court proceeded ex-parte against the defendant on 07.05.2022.
APPEARANCE:
19. I have heard arguments of Mr. Chinmay Kumar, Ld. Counsel for the plaintiff and perused written arguments. CONTENTIONS OF THE PLAINTIFF:
20. The main thrust of contentions of the plaintiff is that the defendant filed an application No. 3577821 dated 23.06.2017 for registration of mark ELOIK in Class 7 in relation to machines including 'fusion splicing machines' and 'machine tools', advertised, vide Trade Marks Journal No. 1821 dated 30.10.2017. He contended that the plaintiff filed opposition to the said application on 27.02.2018 and thereafter, the defendant filed its counter statement on 02.06.2018. He contended that the plaintiff filed its evidence on 01.10.2018. However, the defendant has not filed evidence. He contended that the defendant has claimed user since 01.08.2016. He contended that the plaintiff created, adopted and using the mark ELOFIC in relation to 'oil, air and hydraulic filters' since 1951. He contended that the plaintiff is a registered proprietor of the trademark ELOFIC since 30.01.1957. He contended that the plaintiff has registration in respect of the said mark in Class 7 since 1964.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 8 of 15
21. Ld. Counsel for the plaintiff contended that the plaintiff spent considerable amount on promotion and advertisement of the said mark. He contended that the plaintiff has local and global goodwill and reputation. He contended that the plaintiff has obtained registration in respect of the said mark in EU. He contended that the plaintiff is author of original artistic work of packaging under the trademark ELOFIC. He contended that the defendant is intending to use mark ELOIK in relation to similar goods. He contended that the mark ELOIK is phonetically, structurally and visually similar to the trademark of the plaintiff.
He contended that on account of long, continuous and extensive use, the trademark of the plaintiff has acquired distinctiveness. He contended that the products sold under the trademark ELOFIC are associated with the plaintiff. He contended that the defendant is intending to breach statutory right of the plaintiff. He contended that the defendant is intending to pass its goods as that of the plaintiff. He contended that the mark of the defendant is similar or deceptively similar to the mark of the plaintiff. He contended that the defendant has no right to use the registered trademark of the plaintiff and pass his goods as that of the plaintiff. He contended that the defendant has no justification to use the mark ELOIK. He contended that intended use of the mark ELOIK in relation to similar goods sold through similar trade channel is violation of statutory and common law right of the plaintiff. He contended that the defendant intentionally devised mark ELOIK with dishonest intention to encash upon goodwill of the plaintiff. He contended that the defendant be restrained from using the mark ELOIK or any other deceptively similar mark in relation to any product including 'fusion splicing machines' and 'machine tools'.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 9 of 15
22. Ld. Counsel for the plaintiff relied upon judgment in Mars Incorporated vs. Kumar Krishna Mukerjee & Ors., 2002 SCC OnLine Del 1218.
ANALYSIS AND CONCLUSION:
23. The plaintiff is a registered proprietor of ELOFIC in Class 17 since 1957.
24. The plaintiff is a registered proprietor of the trademark ELOFIC in Class 7 since 1964, as under:
Trademark Cl. Regd. No. Date of Regn. Status ELOFIC INDUSTRIES (INDIA) 07 223036 27.06.1964 Registered ELOFIC 07 247458 22.02.1968 Registered ELOFIC (LABEL) 07 252967 21.11.1968 Registered ELOFIC DEVICE 07 292401 24.11.1973 Registered ELOFIC (STYLISED) 07 632833 04.07.1994 Registered ELOFIC (LABEL) 07 651834 12.01.1995 Registered ELOFIC VIJAY USTAD 07 654135 01.02.1995 Registered +MAN (DEVICE) ELOFIC 07 2329364 15.04.2008 Registered
25. The defendant sought registration of mark ELOIK in Class 7 in relation to machines including 'fusion splicing machines' and 'machine tools' with user claim since 01.08.2016, vide Trade Mark Application No. 3577821 dated 23.06.2017. The plaintiff filed opposition to the said application on 27.02.2018 to which the defendant filed reply on 02.06.2018. As on date, the status of the mark ELOIK is 'opposed'.
26. Section 124 (5) of 'The Trade Marks Act, 1999' is, as under:
"(5) The stay of a suit for the infringement of a trade mark under this section shall not preclude the court from making any interlocutory order (including any order granting an injunction directing account to be kept, appointing a receiver or attaching any property), during the period of the stay of the suit."
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 10 of 15
27. Therefore, the Court has been vested with jurisdiction to decide the application for interim injunction pending decision of the opposition to the application filed by the defendant for registration of mark ELOIK in Class 7.
28. As noted above, the plaintiff is a registered proprietor of mark ELOFIC in Class 7, vide TM No. 197319 dated 05.08.1960. The plaintiff has registration of label mark ELOFIC in Class 17, vide TM No. 178245 dated 30.01.1957. The plaintiff has several registrations of the marks in several classes of which ELOFIC is a primary feature since 1957.
29. Section 17 (1) of 'The Trade Marks Act, 1999' confers exclusive right upon the plaintiff to use the trademark ELOFIC, as under:
"17 Effect of registration of parts of a mark.- (1) When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole."
30. In Anil Verma vs. R.K. Jewellers SK Group and Others, 2019 SCC OnLine Del 8252, Hon'ble High Court of Delhi held, as under:
"41. This is also the settled legal position, that so long as the mark is on the Register, the Plaintiff's statutory rights ought to be protected, subject to the defences which are to be adjudicated."
31. Section 29 of 'The Trade Marks Act, 1999' is, as under:
"29. Infringement of registered trade marks.- (1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark."
32. As already noted above, the plaintiff is a registered proprietor of trademark ELOFIC in several classes including Class 7 since 1957.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 11 of 15
33. The plaintiff is using the mark ELOFIC in relation to 'Oil, Air, Fuel & Hydraulic Filters' used in Automobiles, Agriculture, Industrial, Earthmoving, Marine, Aviation, Industrial Heating and Petrochemical Industries. The plaintiff has spent huge amount in promotion and advertisement of the said mark. He has huge annual sales turnover.
34. The defendant is seeking registration of mark ELOIK in Class 7 in relation to machines including 'fusion splicing machines' and 'machine tools', vide TM No. 3577821 dated 23.06.2017 with user detail since 01.08.2016.
35. The mark of the defendant i.e. ELOIK is visually, phonetically and structurally deceptively similar to the trademark of the plaintiff i.e. ELOFIC.
36. The plaintiff and the defendant are dealing in identical goods and the goods are sold on the same counter.
37. In Kaviraj Pandit Durga Dutt Sharma vs. Navaratna Pharmaceutical Laboratories, AIR 1965 SC 980, Hon'ble Supreme Court of India held, as under (pg. 989 - 990):
"The action for infringement is a statutory remedy conferred on the registered proprietor of a registered trade mark for the vindication of the exclusive right to the use of the trade mark in relation to those goods"
38. In Midas Hygiene vs. Sudhir Bhatia, (2004) 3 SCC 90, Hon'ble Supreme Court of India held, as under:
"5. The law on the subject is well settled. In cases of infringement either of trade mark or of copyright, normally an injunction must follow. Mere delay in bringing action is not sufficient to defeat grant of injunction in such cases. The grant of injunction also becomes necessary if it prima facie appears that the adoption of the mark was itself dishonest".
39. The plaintiff is a registered proprietor of mark ELOFIC since 1957. The plaintiff coined, adopted and using the mark ELOFIC since 1955.
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 12 of 15
40. The defendant neither appeared nor filed written statement or contested the suit or offered any explanation for using the mark ELOIK.
41. It may be noted that the defendant, in its application for registration of the mark ELOIK in Class 7, claimed user since 01.08.2016 in relation to machines including 'fusion splicing machines' and 'machine tools'. However, Ld. Counsel for the plaintiff stated that the plaintiff has not come across with any instance regarding sale of machines by the defendant with the mark ELOIK. In that regard, Ld. Counsel for the plaintiff contended that there is real and substantial threat of infringement of the right of the plaintiff and in case the defendant brings the machines in the market under the mark ELOIK, the plaintiff would suffer irreparable loss and injury. He contended that the use of the mark ELOIK by the defendant would dilute the goodwill and reputation of the mark of the plaintiff and would create confusion as to the source of origin of the goods.
42. In Mars Incorporated vs. Kumar Krishna Mukerjee & Ors., 2002 SCC OnLine Del 1218, Hon'ble High Court of Delhi held, as under:
"11. The first and foremost requirement of action against the threatened infringement of the trademark is that the person facing threat must have a right which is purported to be infringed. Second, the threat of infringement or invasion should be substantial and material in extent. In that eventuality, the question will again arise whether a person who has not suffered any damage in respect of trade either through competition or through deceptive or confusing similarities of the trademark adopted by the defendant either in the same trade or goods or in any other manner that may have the consequence of causing damage or diluting the trademark of the plaintiff or creating confusion as to the source and origin of goods of the defendants has any right to challenge the act of the defendants"
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 13 of 15
43. Accordingly, the plaintiff has a prima facie case being a registered proprietor of the trademark ELOFIC in Class 7 since 1960. The balance of convenience is in favour of the plaintiff as he is using the mark ELOFIC and other marks having the mark ELOFIC as its formative feature in relation to 'Oil, Air, Fuel & Hydraulic Filters' used in Automobiles, Agriculture, Industrial, Earthmoving, Marine, Aviation, Industrial Heating and Petrochemical Industries since 1955 and the defendant has merely applied for registration of deceptively similar mark ELOIK in Class 7 on 23.06.2017. The use of the mark ELOIK by the defendant would cause irreparable loss and injury to the plaintiff in the form of financial loss besides diluting the mark ELOFIC and causing confusion in the mind of the customers regarding the source of the goods.
44. The application under Order 39 Rule 1 and 2 read with Section 151 CPC filed by the plaintiff is allowed. Consequently, the defendant or its agents, dealers, distributors, representative are restrained from using or advertising the mark ELOIK or any other mark deceptively similar to the trademark ELOFIC in any manner in relation to any machine including 'fusion splicing machines' and 'machine tools' till the decision of this suit.
45. As provided under Section 124 (2) of 'The Trade Marks Act, 1999', the trial of the suit is stayed until the final disposal of the opposition filed by the plaintiff to the application filed by the defendant for registration of mark ELOIK in Class 7 in relation to machines including 'fusion splicing machines' and 'machine Digitally signed tools'. File be consigned to record room. SANJAY by SANJAY SHARMA SHARMA Date:
2024.09.28 17:00:40 +0530 Announced in the open Court SANJAY SHARMA-II on this 28 September, 2024 DJ (Commercial Court)-11 (Central) th Tis Hazari Courts, Delhi CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 14 of 15 M/s. ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. CNR No.: DLCT01-006393-2019 CS (Comm.) No. 1825/2019 28.09.2024 Present : Mr. Chinmay Kumar, Ld. Counsel with Mr. Sachin Gupta, Ld. Counsel for the plaintiff.
Vide separate order, the application under Order 39 Rule 1 and 2 read with Section 151 CPC filed by the plaintiff is allowed. As provided under Section 124 (2) of 'The Trade Marks Act, 1999', the trial of the suit is stayed until the final disposal of the opposition filed by the plaintiff to the application filed by the defendant for registration of mark ELOIK in Class 7 in relation to machines including 'fusion splicing machines' and 'machine tools'. File Digitally signed be consigned to record room. by SANJAY SHARMA SANJAY Date:
SHARMA 2024.09.28
17:00:50
+0530
Sanjay Sharma-II
DJ (Commercial Court)-11
Central, THC, Delhi
28.09.2024
CS (Comm.) No. 1825/2019 M/s ELOFIC Industries (India) vs. Star Infomatic Pvt. Ltd. P. No. 15 of 15