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Inter Ikea Systems Bv vs Harish Chaudhary & Anr on 12 March, 2020

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

$~9
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(COMM) 106/2020 & I.A.Nos.3361-63/2020

      INTER IKEA SYSTEMS BV               ..... Plaintiff
                    Through : Ms. Shwetasree Majumder                         and
                              Ms.Pritika Kohli, Advs.
                    versus

      HARISH CHAUDHARY & ANR.        ..... Defendants
                   Through : None.
      CORAM:
      HON'BLE MR. JUSTICE RAJIV SHAKDHER

                    ORDER

% 12.03.2020 I.A.No.3363/2020

1. Allowed, subject to just exceptions.

2. This is an application seeking leave to file additional documents which are not in power and possession of the plaintiff.

3. Subject to just exceptions, the application is allowed.

4. The additional documents will be filed by the plaintiff within the next 30 days.

5. The application is, accordingly, disposed of. CS(COMM) 106/2020 & I.A.No.3361/2020

6. Issue summons in the suit and notice in the captioned application to the defendants via all modes including private mode.

CS(COMM) 106/2020 page 1 of 4

7. It is the plaintiff's case that it owns the trade mark "IKEA" along with its colour combination and trade dress (hereafter referred to as "IKEA trade mark").

8. It is further averred by the plaintiff that IKEA trade mark forms a part of nearly all the trade names of all companies which function under the umbrella of the plaintiff group as also those companies which are franchisees of the plaintiff group.

9. In paragraph 15 of the plaint, the details of specific registrations obtained by the plaintiff in various classes is set out. 9.1 For the sake of convenience, the same are set forth hereafter :

CS(COMM) 106/2020 page 2 of 4

10. It is also averred that the plaintiff group over the years has enhanced its total worldwide sales revenue from Euros 23.5 Billion in 2010 to Euros 38.8 Billion in 2018.

11. The plaint asserts that it has been defending both the infringement of its IKEA trademark and varied attempts made by third parties to pass off their goods and services as if they emanate from the plaintiff; by instituting legal action against such delinquent persons/parties. 11.1 In this behalf, reference is made to paragraph 24 of the plaint which details out suit actions filed by the plaintiff in paragraph 24 of the plaint.

12. It is claimed that the defendants are not only infringing the plaintiff's registered trade mark but are also guilty of passing off its goods as if they sourced from the plaintiff and/or its group companies.

13. The plaintiff also claims that the domain name adopted by the defendants is deceptively similar to the one that the plaintiff has.

14. According to the plaintiff, the defendants are carrying on business by using the plaintiff's trade mark and/or trade name and/or a deceptively similar trade mark and/or trade name within the territorial jurisdiction of this court.

15. I have heard learned counsel for the plaintiff and also perused the record.

16. Prima facie, at least, at this stage, the plaintiff has made out a case for grant of interim relief. Looking at the extent of worldwide reach that plaintiff has, the balance of convenience is also in its favour. Denial of interim injunction could cause irreparable harm to the plaintiff's interest, in particular, its reputation.

CS(COMM) 106/2020 page 3 of 4

17. Accordingly, the defendants and their employees, servants, agents and all others alone or in active concert with each other are restrained from manufacturing/selling/ advertising/ importing/ exporting or in any other way dealing in goods and providing services under the "IKEA" trade mark or any other trade mark which is deceptively similar to the plaintiff's trade mark, as listed out in paragraph 9.1 above.

18. Furthermore, the defendants will suspend the domain name i.e. www.ikeasteelfab.com as well as take down their Facebook, LinkedIn, Instagram as well as all other social media and online references till further orders of the court.

19. The plaintiff will comply with the provisions of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908.

20. Renotify the matter on 08.05.2020.

21. Dasti under the signatures of the Court Master.

                                                     RAJIV SHAKDHER, J
      MARCH 12, 2020
      aj

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CS(COMM) 106/2020                                                page 4 of 4