Delhi High Court - Orders
Rainbow Childrens Medicare Limited vs Dr.Mahavir Singh Tomar & Ors on 30 January, 2023
Author: Amit Bansal
Bench: Amit Bansal
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 768/2022
RAINBOW CHILDRENS MEDICARE LIMITED ..... Plaintiff
Through: Mr. Sai Krishna Rajagopal,
Mr.Munish Mehra and Ms.Malvika
Aggarwal, Advocates.
versus
DR.MAHAVIR SINGH TOMAR & ORS. ..... Defendants
Through: Mr.Afzal B.Khan and Mr.Bal Krishan
Singh, Advocates for D-1.
Mr.Debarshi Dutta, Advocate for D-2.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 30.01.2023
1. In terms of the order passed by this Court on 16th November, 2022, a compliance affidavit has been filed on behalf of the defendant no.1 on 13th January, 2023. The relevant extracts from the affidavit are set out below:
"3. I say that, in accordance and in compliance with the terms as recorded in the order dated 16.11.2022, the Defendant No.1 has undertaken the following:
a. That the Defendant has discontinued use of the trade mark 'RAINBOW' or its formative marks.
b. That the Defendant has removed the physical hoardings and other advertisements. The current images of the Defendant No.1's premises are being annexed herewith as DOCUMENT -1.
c. That the Defendant no.1 has changed its prescriptions and other documents. The new prescription is annexed Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 768/2022 Page Signing1Date:31.01.2023 of 3 11:21:31 herewith as DOCUMENT-2.
d. That the Defendant has made suitable applications before competent authorities intimating the change of name. The communication addressed to its service provider- Biotic Waste Solution is annexed herewith as DOCUMENT-3."
2. Counsel for the plaintiff submits that the present suit may be decreed against the defendant no.1 in terms of paragraph 55 (a) and (b) of the plaint.
3. Counsel for the plaintiff does not press for the remaining reliefs sought in the plaint.
4. Accordingly, the present suit is decreed in terms of paragraph 55(a) and (b), which are set out below:
"a) A decree of Permanent Injunction restraining the Defendant No.1 and/or its owners, proprietors, partners, directors, shareholders, officers, servants and all others acting for and on his behalf, from directly or indirectly, adopting, using, advertising, depicting, displaying, m the course of trade and/or business/service, the Plaintiffs proprietary and registered trademark/wordmark "RAINBOW"/other Rainbow formative marks, and/or any other deceptively similar trademark or variant thereof, in any manner whatsoever, including but not limited to, in relation to or m connection with any medical/healthcare services/or any other services and/or by way of advertisements marketing/promotional material, notices, circulars, letterheads, signages, either in print or online i.e. on any website (s), blog (s) etc., including but not limited, to social media platforms, m publicity/trade material/journals and/or as a part of the domain name http://rainbowhealthcare.co.in and/or any other identical or deceptively similar domain name or in any other manner whatsoever, thereby amounting to an infringement of the Plaintiffs registered trademark/wordmark "RAINBOW"/other Rainbow formative marks;
b) A decree of Permanent Injunction restraining the Defendant No.1 and/or its owners, proprietors, partners, directors, Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 768/2022 Page Signing2Date:31.01.2023 of 3 11:21:31 shareholders, officers, servants and all others acting for and on its/his behalf, from directly or indirectly, adopting, using, advertising, depicting, displaying, m the course of trade and/or business/service, the Plaintiffs proprietary trademark/wordmark "RAINBOW"/other Rainbow formative marks, and/or any other deceptively similar trademark or variant thereof, m any manner whatsoever, including but not limited to, in relation to or in connection with any medical/healthcare services/ or any other services and/or by way of advertisements, marketing /promotional material, notices, circulars, letterheads, either in print or online i.e. on any website (s), blog (s) etc., including but not limited, to social media platforms, in publicity/trade material/journals and/or as a part of the domain name http://rainbowhealthcare.co.in and/or any other identical or deceptively similar domain name or in any other manner whatsoever, thereby amounting to passing off of the Plaintiffs trademark/wordmark "RAINBOW"/other Rainbow formative marks, misrepresentation and unjust enrichment."
5. Let the decree sheet be drawn up.
6. All the pending applications stand disposed of.
AMIT BANSAL, J.
JANUARY 30, 2023 sr Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 768/2022 Page Signing3Date:31.01.2023 of 3 11:21:31