Delhi High Court - Orders
Beurer Gmbh vs Beurer Healthcare Llp & Anr on 16 July, 2020
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ I.A. 5674/2020 in CS(COMM) 648/2019
BEURER GMBH .... Plaintiff
Through: Ms. Jaya Negi, Adv.
versus
BEURER HEALTHCARE LLP & ANR. ..... Defendants
Through: Mr. Vinit Trehan, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 16.07.2020
(Video-Conferencing)
I.A. 5674/2020 in CS(COMM) 648/2019
1. This is an application, by the defendants, seeking extension of time to comply with the directions contained in the order dated 25th February, 2020, passed by this Court, whereby the present suit was decreed.
2. The order, dated 25th February, 2020, reads thus:
"1. Further to the orders dated 24.12.2019 and 12.02.2020, learned counsel for the defendants states that the defendants are agreeable to a decree being passed in terms of paragraph Nos. 82(a) to 82(d) of the plaint, subject to time being granted until 30.06.2020 for exhaustion of the stocks of the defendants and the packaging material.
2. Learned counsel for the plaintiff states that the plaintiff is also agreeable to disposal of the suit on this basis.CS(COMM) 648/2019 Page 1 of 5
3. Statement of defendant No.2, who is present in Court, to the aforesaid effect has been recorded separately.
4. Learned counsel for the plaintiff states that she has instructions to seek a decree in these terms, subject to the condition recorded and does not press any others reliefs in the suit.
5. In the aforesaid circumstances, the suit is decreed in favour of the plaintiff and defendants in terms of paragraphs 82(a) to 82(d) of the plaint. Decree sheet be prepared accordingly.
6. As the parties have entered into an agreed resolution of disputes at a preliminary stage of proceedings, and prior to recording of evidence, the plaintiff is entitled to refund of 50% court fee under Section 16A of the Court Fees Act, 1870. The Registry will issue a certificate in favour of the counsel on record for the plaintiff, to this effect.
7. The suit and pending applications stand disposed of. "
3. Prayers 82(a) to (d) in the plaint, in terms whereby a decree has been issued, may be reproduced, for ready reference, as under:
"82. It is humbly prayed before this Hon'ble Court that it may be pleased to grant:-
(a) A decree of permanent injunction restraining each of the Defendants, its partners, directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants, agents, distributors, stockists, representatives, licensees and/or anyone acting for or on its behalf directly or indirectly, as the case may be, from using or dealing with the trade mark 'BEURER', and/or any other mark deceptively similar thereto, in any manner, including as a part of its trade name/corporate name/trading style, or for selling, offering for sale, advertising, or manufacturing any goods or service, and/or using the Impugned Logo , and/or any other mark deceptively similar thereto, for any of the above purposes amounting to passing off;CS(COMM) 648/2019 Page 2 of 5
(b) A decree of permanent injunction restraining the each of the Defendants, its partners, directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants, agents, distributors, stockists, representatives, licensees and/or anyone acting for or on its behalf directly or indirectly, as the case may be, from using the mark 'BEURER', and/or the Impugned Logo , and/or any other mark deceptively similar thereto, in any manner so as to take unfair advantage of the Plaintiff's reputation and goodwill and causing dilution and/or tarnishment of the Plaintiff's trade mark, and/or performing any action amounting to unfair competition;
(c) A decree of mandatory injunction directing each of the Defendants, its partners, directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants, agents, or representatives or any other person who derives his rights from the Defendants to transfer the domain name <beurer.in>, and any similar domain name containing the Plaintiff's trade mark 'BEURER', in favour of the Plaintiff;
(d) A decree of permanent injunction restraining each of the Defendants, its partners, directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants, agents, distributors, stockists, representatives, licensees and/or anyone acting for or on its behalf directly or indirectly, from using the Plaintiff's trade mark 'BEURER', and/or the Impugned Logo , and/or any other mark deceptively similar thereto, and/or performing any other action amounting to misrepresentation;"
4. The present application, on behalf of the defendants, seeks extension of time, by two months, to enable the defendants to get the name "Beurer Health Care LLP" changed, in the official government records, including the records of the ROC and the manufacturing license of the defendants, and one month's extension of time to enable the defendants to exhaust the stocks and the packaging material CS(COMM) 648/2019 Page 3 of 5 already manufactured/ available/in stock with the defendants under the name "Beurer Health Care LLP".
5. Ms. Jaya Negi, learned counsel appearing for the non- applicant/plaintiff, does not oppose the prayer, given the presently existence state of pandemic in the country, but submits that the name of the defendants, in conjunction with that of the plaintiff, namely "Beurer", continues to figure on various third party websites, over which the defendants have control.
6. Mr. Vinit Trehan, learned counsel for the applicants/defendants, undertakes that the name "Beurer", in conjunction with the defendants, would be removed, forthwith, from all websites, over which the defendants have control.
7. Subject to the aforesaid, Ms. Jaya Negi has no objection to extension of time, as sought by the defendants, being granted.
8. Accordingly, the undertaking of Mr. Vinit Trehan, as aforesaid, to ensure that the name "Beurer", in conjunction with the defendants and the business of the defendants, is removed from all websites over which the defendants have their control, forthwith, the defendants are granted two months further time to have the name "Beurer Healthcare LLP" changed in all official government records, including the records of the ROC and in their manufacturing license, and one month's extension of time to exhaust the stocks and the packaging material already manufactured/available/in stock with the defendants CS(COMM) 648/2019 Page 4 of 5 under the name "Beurer Health Care LLP".
9. Ms. Jaya Negi also submits that, though para 3 of the order dated 25th February, 2020, notes the fact that the statement of Defendant No. 2 has been separately recorded, her client has been unable to acquire a certified copy of the aforesaid order and decree along with the statement of Defendant No. 2, so as to take further action in the matter.
10. The Registry is directed to make available to the plaintiff, a certified copy of the order and decree dated 25th February, 2020 as well as the statement of Defendant No. 2, which was recorded separately on the said date, within a period of three days, for which purpose they would get in touch with Ms. Jaya Negi, learned counsel for the plaintiff at Mobile Phone No. 9953770020.
11. The application stands disposed of in the aforesaid terms.
C. HARI SHANKAR, J.
JULY 16, 2020 dsn CS(COMM) 648/2019 Page 5 of 5