Delhi High Court - Orders
Global Car Group Ltd. & Anr vs Mohit Goyal & Anr on 26 April, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:29.04.2022
13:39:17
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 709/2021 & I.As. 17516/2021, 17520/2021
GLOBAL CAR GROUP LTD. & ANR. ..... Plaintiffs
Through: Mr. Deepankar Mishra,
Advocate(M:9716746496)
versus
MOHIT GOYAL & ANR. ..... Defendants
Through: Mr. Prakhar Agrawal, Advocate
(M:773721803)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 26.04.2022
1. This hearing has been done through hybrid mode.
2. This is a suit for permanent injunction restraining infringement of trademarks, passing off, unfair trade practices, unfair competition, dilution of goodwill, rendition of accounts of profits etc. The Plaintiffs objected to Defendants' use of the mark 'Drivers24' both in logo and word form. Vide order date 19th January, 2022, an interim injunction was granted in the following terms:
"9. The afore-noted contentions establish a prima facie case in favour of the Plaintiffs. The balance of convenience also lies in favour of the Plaintiffs and an irreparable loss would be caused in case the Defendants are not restrained by injunction. Accordingly, till the next date of hearing, the Defendants and anybody acting on their behalf, including their franchisees, business partners, subsidiaries etc., are restrained from selling, offering for sale, advertising, directly or indirectly dealing with any product or services under the infringing marks, namely - 'Drivers24' (word per CS (COMM) 709/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.04.2022 13:39:17 se) and the Drivers24 logo i.e., or any other trademark/tradename/trade dress or logo/device, which is identical or deceptively similar to the '24 Formative Marks' as set out in the suit, which would amount to infringement of Plaintiffs' registered trademarks and/ or passing off of the Plaintiffs or their services."
10. Further, the Defendants are directed to remove/ delete the social media accounts and listings on third-party e-commerce websites maintained under the infringing marks which are identical or deceptively similar to the Plaintiffs' '24 Formative Marks'. Defendants are also directed to suspend their mobile application and website "www.drivers24.in", as set-out in paragraph 'e' of the prayers in the suit.
11. The compliance of this Order, if not done by the Defendants within a period of ten days from today, shall be carried by e-commerce platforms such as Just Dial, Twitter, Linkedin, Instagram and Facebook."
3. During the pendency of the suit, the parties have arrived at a settlement vide Settlement Agreement dated 30th March, 2022 under the aegis of the Delhi High Court Mediation and Conciliation Centre. As per the settlement terms, the Defendants have agreed to stop the use of the impugned mark 'Drivers24' and Plaintiffs' 24 formative mark. The Defendants have adopted the mark 'Drivers365' with a new logo. The Defendants have acknowledged the Plaintiff's prior and undisputed statutory and common law rights for its 24 formative marks. The Defendants have undertaken not to adopt any mark which is identical and/or deceptively CS (COMM) 709/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.04.2022 13:39:17 similar to Plaintiff's mark. The Defendants have further undertaken to transfer the infringing domain name www.drivers24.in to the Plaintiff No.1. The new logo adopted by the Defendants is set out below:
4. The terms are contained in paragraphs- 1 to 13 of the Settlement Agreement. The settlement terms have been perused by the Court and the same are lawful. Accordingly, there is no impediment in recording the settlement.
5. Accordingly, the suit stands decreed in terms of the paragraphs - 1 to 13 of the Settlement Agreement. Let the decree sheet be drawn accordingly.
6. The parties and all others acting for and, on their behalf, shall be bound by the terms of the Settlement Agreement.
7. All pending applications are disposed of in the above terms.
8. In view of the settlement, 50% of the Court fees is refunded to the Plaintiffs.
PRATHIBA M. SINGH, J.
APRIL 26, 2022/aman/sk CS (COMM) 709/2021 Page 3 of 3