Delhi High Court - Orders
Autodesk, Inc vs Bim Revit Modeling Services & Anr on 24 November, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 679/2022, I.A. 16036/2022
AUTODESK, INC. ..... Plaintiff
Through: Mr.Pravin Anand, Ms.Prachi
Agarwal and Ms.Ridhie Bajaj,
Advs.
versus
BIM REVIT MODELING SERVICES & ANR. .....Defendants
Through: Mr.Harshit Thakur, Adv. for D-1
& D-2
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 24.11.2022
1. Mr.Harshit Thakur, Advocate, enters appearance on behalf of the defendants. He submits that the defendants would like to explore a possibility of arriving at an amicable settlement of the disputes with the plaintiff.
2. At his request, the parties are referred to the Delhi High Court Mediation and Conciliation Centre, where they shall appear on 5th December, 2022 at 4:00 PM through their authorized representatives.
3. The learned counsel for the plaintiff submits that while the parties explore a possibility of an amicable settlement, the plaintiff deserves an ad-interim injunction restraining the defendants from the use of the trade name 'BIM Revit Modeling Services'; the domain name https://www.bimrevitmodeling.com; and/or the plaintiff's trade mark 'REVIT' in any manner whatsoever.
4. The learned counsel for the plaintiff submits that the predecessor-
Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:28.11.2022 13:03:28in-interest of the plaintiff, that is, 'Revit Technology Corporation', a developer of building technology software, adopted the trade mark 'REVIT' in April, 2000. The plaintiff acquired 'Revit Technology Corporation' and all its rights in the said trade mark in the year 2002, and has been openly, continuously, and widely using and selling its goods and providing services under the said trade mark in India since the year 2003. In fact, the defendant no. 2 himself has been a registered user of the software services of the plaintiff being offered under the said trade mark since 22.08.2013. The plaintiff has also obtained the registration of the said trade mark in Class 09, and under the Madrid Protocol under Classes 09 and 42.
5. The plaintiff is aggrieved of the defendants' website, mentioned hereinabove, and its trade name, which unauthorizedly uses the registered trade mark of the plaintiff being 'REVIT'. The plaintiff, before approaching this Court, had sent a cease-and-desist notice to the defendants on 15.04.2021, to which a vague reply was given by the defendants.
6. The learned counsel for the plaintiff submits that the use of the trade mark of the plaintiff, as part of the domain name and trade name by the defendants, is likely to deceive and cause confusion in the mind of an unwary consumer of the association of the defendants with the plaintiff, thereby causing irreparable harm and damage to the plaintiff.
7. Having considered the submissions made, I am of the opinion that the plaintiff has been able to make out a good prima facie case in its favour and against the defendants. The balance of convenience is also in favour of the plaintiff and against the defendants. The plaintiff and Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:28.11.2022 13:03:28 general unwary consumer is likely to suffer grave irreparable injury in case the ad-interim injunction, as prayed for, is not granted in favour of the plaintiff and against the defendants.
8. Accordingly, there shall be an ad-interim injunction in favour of the plaintiff and against the defendants in terms of the prayer made in para no.33(i) in I.A.16036/2022, till further orders.
9. List before the Court on 17th February, 2023.
NAVIN CHAWLA, J NOVEMBER 24, 2022/s Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:28.11.2022 13:03:28