Delhi High Court - Orders
Industria De Diseno Textil, S.A vs Registrar Of Trade Marks & Anr on 22 July, 2024
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 52/2024 & I.A. Nos. 33884/2024, 33885/2024
& 33886/2024
INDUSTRIA DE DISENO TEXTIL, S.A .....Appellant
Through: Mr. Sushant Singh with Mr. Sourav
Pattanaik, Ms. Shruti Gupta and Ms.
V. Wadhwa, Advocates.
versus
REGISTRAR OF TRADE MARKS & ANR. .....Respondents
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra
and Mr. Alexander Mathai Paikaday,
Advocates.
(M): 9810788606
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 22.07.2024 I.A. No. 33884/2024 (Exemption from filing certified copies)
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from filing legible copies of the dim annexures and certified copies of documents.
2. Exemption is granted, subject to all just exceptions.
3. Accordingly, the present application is disposed of. I.A. No. 33886/2024 (Condonation of delay of 8 days in re-filing of the appeal) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/07/2024 at 00:04:11
4. The present is an application under Chapter IV Rule 3 of the Delhi High Court (Original Side) Rules, 2018 for condonation of delay of 2 days in re-filing the appeal.
5. Considering the submissions made in the present application, the delay of 8 days in re-filing the appeal is condoned.
6. The application is disposed of.
C.A.(COMM.IPD-TM) 52/2024 & I.A. No. 33885/2024 (Application for stay)
7. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999, challenging the order dated 08th February, 2024 passed by the Registrar of Trademarks, thereby dismissing the opposition bearing no. 4310686 filed by the appellant.
8. Learned counsel appearing for the appellant submits that respondent no. 1 failed to consider the fact as to why respondent no. 2, being a bag manufacturer, would select a very similar mark ZORA for its bags and fabrics, when ZARA is already a well-known brand name in India in the field for the same goods. He submits that the apparent answer was to exploit the goodwill and reputation of the appellant's mark ZARA, which the respondent no. 1 completely failed to appreciate, resulting in the impugned order.
9. It is further submitted that respondent no. 2 had filed the application in Class 24 for the trademark ZORA in respect of goods, fabrics, including plain coated, laminated etc. It is submitted that ZARA is already a registered trademark in Class 24 bearing no. 1207891, in respect of textiles and textile goods, not included in other classes, bed and table covers.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/07/2024 at 00:04:11
10. It is further submitted that fabrics of various types stated in the description of goods in the trademark application of respondent no. 2, are sold for various products, including flooring products, carpeting, bedding, mattress covers, etc., which are all products sold by the appellant, in its Zara Home Stores.
11. Attention of this Court has also been drawn to order dated 31st August, 2023 passed in C.A.(COMM.IPD-TM) 22/2023, wherein, it was recorded that the matter was to be examined from the point of Section 11(2) of the Trade Marks Act, 1999, which had not been done in the impugned order, in the said case.
12. Learned counsel appearing for the appellant further submits that in the present matter also, similar issue arises.
13. Issue notice.
14. Notice is accepted by learned counsel appearing for respondent no. 1.
15. Let notice be issued to respondent no. 2.
16. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
17. List on 01st October, 2024.
MINI PUSHKARNA, J JULY 22, 2024 c This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/07/2024 at 00:04:12