Delhi High Court - Orders
Tata Sia Airlines Limited vs Vistara Ac Fimily Restaurant And ... on 5 April, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:07.04.2022
06:43:19
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 701/2021 & I.A.5262/2022
TATA SIA AIRLINES LIMITED ..... Plaintiff
Through: Ms. Krutika Vijay and Mr. Mukul
Kocchar, Advocates (M-9873941450)
versus
VISTARA AC FIMILY RESTAURANT AND
FUNCTION HALL ..... Defendant
Through: Mr. Vatsalya Vigya & Mr. Preetam
Shah, Advocates (M-9555690780)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 05.04.2022
1. This hearing has been done through hybrid mode. I.A. 5262/2022 (u/O XXXIX Rule 2A CPC) in CS(COMM) 701/2021
2. In the present suit, an ex-parte ad interim injunction was granted in favour of the Plaintiff on 23rd December, 2021. Vide last order dated 24th March, 2021, the interim injunction already granted was made absolute during the pendency of the suit, and the following direction was issued by this Court:
"7. The Defendant shall ensure that all the online listings using the impugned mark are removed and the usage of the mark 'VISTARA' is stopped even in the premises of the Defendant, within one week, failing which strict action for contempt would be liable to be taken, in accordance with law."
3. The grievance of the Plaintiff is that, despite the injunction having been granted on 23rd December, 2021, the Defendant continues to use the mark 'VISTARA' as the name of its restaurant, and also on online platforms such as Zomato, Swiggy, Google Maps, Magic Pin, Facebook and AskqBook, and CS (COMM) 701/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.04.2022 06:43:19 even in the menu card, where the word 'VISTARA' is being used as part of the names of some dishes.
4. On the other hand, ld. Counsel appearing for the Defendant submits that the name of its restaurant has been changed to 'VFR' and online listings are also in the process of being changed. He submits that steps have already been taken to change the said listings.
5. Issue notice. Mr. Vatsalya Vigya, ld. Counsel accepts notice on behalf of the Defendant.
6. The Defendant shall ensure that all use of the mark VISTARA is stopped and none of their listings on any online platform use the word/mark 'VISTARA' in any manner whatsoever, within two weeks, failing which, action for contempt would be liable to be taken against the Defendant.
7. It is directed that all the third-party platforms shall ensure compliance and remove use of the word/mark 'VISTARA', immediately upon the said third-party platforms being informed, either by the Defendant or the Plaintiff. Copies of all the communication addressed to third-party websites and online platforms shall be passed on to the ld. Counsel for the Plaintiff by the ld. Counsel for the Defendant.
8. Let an affidavit of compliance be filed by the Defendant in response to the present application, as to the steps taken to comply with the injunction order dated 23rd December, 2021.
9. As directed by the last order dated 24th March, 2021, parties shall now appear before the Delhi High Court Mediation and Conciliation Centre on 18th April, 2022 at 2:30 p.m. By the said date, it is expected that the Defendant would have taken all the steps to remove the usage of the word 'VISTARA' as part of the name of their restaurant as also for their listings on any of the CS (COMM) 701/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.04.2022 06:43:19 online platforms.
10. List before the Court on 31st May, 2022, the date already fixed.
PRATHIBA M. SINGH, J.
APRIL 5, 2022 Rahul/AD CS (COMM) 701/2021 Page 3 of 3