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Delhi High Court - Orders

Appy Pie Llp vs Engineer.Ai India Pvt. Ltd. & Ors on 13 July, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~11
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(COMM) 467/2022 & I.A. 10589/2022, I.A. 10590/2022
                                 APPY PIE LLP                                ..... Plaintiff
                                               Through: Mr. Atul Y. Chitale. Sr. Advocate
                                                           with Ms. Tanvi Kakar, Mr. Madhav
                                                           Chitale, Mr. Himanshu Bajaj & Mr.
                                                           Raj       Kumar,            Advocates.
                                                           (M:9810424400)
                                               versus

                                 ENGINEER.AI INDIA PVT. LTD. & ORS.                ..... Defendant
                                                Through: None.
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                          ORDER

% 13.07.2022 I.A. 10590/2022(for exemption)

1. Allowed, subject to all just exceptions.

2. I.A. 10589/2022 is disposed of.

CS(COMM) 467/2022 & I.A. 10589/2022(for stay)

3. The subject matter of this case involves allegations of misuse of the Plaintiff's trademark 'APPY PIE', through the Google Ads Program. However, a perusal of the memo of parties shows that Google LLC has not been impleaded as a party. Accordingly, on oral prayer of Mr. Chitale, ld. Sr. Counsel, under instructions from Mr. Himanshu Bajaj, ld. Counsel for the Plaintiff, Google LLC is impleaded as Defendant No.5.

4. Let the amended memo of parties be placed on record at least two days before the next date.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:14.07.2022 15:55:18

5. Copy of this paperbook be also served upon Ld. Counsel for Google LLC - Mr. Neel Mason, who regularly appears on behalf of Google LLC, before this Court.

6. At the request of ld. Counsel for the Petitioner, list on 20 July, 2022.

th PRATHIBA M. SINGH, J.

JULY 13, 2022 dj/ss Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:14.07.2022 15:55:18