Delhi High Court - Orders
Vinay Aggarwal vs Rims Marketing Pvt. Ltd on 24 January, 2019
Author: Jayant Nath
Bench: Jayant Nath
$~OS-4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 428/2017
VINAY AGGARWAL ..... Plaintiff
Through Ms.Smita Jain and Mr.Abhay Singh,
Advs.
versus
RIMS MARKETING PVT. LTD. ..... Defendant
Through Mr.Gaurav Pathak, Adv.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 24.01.2019 Present suit is filed by the plaintiff seeking a decree of permanent injunction restraining the defendants from manufacturing, selling, offering for sale LOCKS under the trademark ELEPHANT. It appears that the defendant is selling the locks under the trademark ELEPHANT JINLI. Both the plaintiff and the defendant procure their goods from the same manufacturer in China.
Learned counsel for the plaintiff points out that she has filed the documents which is not on record, according to which, the distributorship of the defendant stands terminated by the Chinese company.
Prima facie, it seems that the defendant is unable to effect any sale of locks bearing the trade mark ELEPHANT JINLI.
Learned counsel for the defendant seeks an adjournment saying that the main counsel is not available on account of hospitalisation of a close relative. In the interest of justice, adjourned to 13.2.2019. No further adjournment will be granted on that date.
JAYANT NATH, J JANUARY 24, 2019/n