Delhi High Court - Orders
A.O. Smith Corporation And Anr vs Doc Brown Industries Llp And Ors on 20 July, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 215/2021 & I.A. 6105/2021
A.O. SMITH CORPORATION AND ANR. ..... Plaintiff
Through: Mr.Ranjan Narula, s.hashi Ojha and
Ms. Payal Kalhan, Advocates.
versus
DOC BROWN INDUSTRIES LLP AND ORS. ..... Defendant
Through: Ms.Abhilasha Nautiyal and
Mr.Sauhard Alung, Advocates for
Defendant No. 1 and 3.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 20.07.2021 (hearing through Video Conferencing) I.A. 6105/2021 The averments made in the plaint in relation to the defendant no.2 are depicted in paragraph 20 thereof, which reads to the effect:-
"20. In the first week of January 2021, the Plaintiffs during online search came across the Defendants' use of Coresmith/CARESMITH as a trade mark/ trade name and domain name www.caresmith.co.in On conducting online inquiries into use of the CARESMITH mark/name, the Plaintiff came across use of coresmith mark on a range of products including allied and cognate products such as Mist Steamer, shower and tap filter products for treating hard water, chemicals and also used as a part of the trading name by Defendant No. 2. A few of the products were also being promoted and offered for sale on ecommerce portals namely Amazon India, Flipkart and listed on the Defendants website www.caresmith.co.in and Indiamart Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.07.2021 15:07:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
website https :/ /www.indiamart.com/ caresmith-india/#aboutus."
On behalf of the defendant nos. 1 & 3, it is submitted placing specific reliance on the aspect that in response to a notice dated 06.01.2021 issued on behalf of the plaintiff addressed to Caresmith arrayed as defendant no.2,it had been submitted by the defendant no.1 as is also now submitted through the preliminary submissions vide paragraph 1 of the written statement submitted on behalf of the defendant nos. 1 & 3, which reads to the effect:-
"1. Defendant No 1. is a registered LLP incorporated on July 31, 2018, Defendant No. 2 is not a legal entity and merely a brand name and· Defendant No. 3 1s a designated partner of Defendant No.1.", thus, submitting to the effect that the defendant no.2 is not a legal entity and merely a brand name which written statement of defendant nos. 1 & 3 is supported with an affidavit dated 16.06.2021 of Mr.Rahul Bajaj, the authorized signatory of the defendant no.1.
In view thereof, it is apparent that the defendant no.2 is not a legal entity and only a brand name of the defendant no.1 and has necessarily to be deleted from array of parties and is thus directed to be deleted from the array of parties.
The amended memo of parties be filed by the plaintiff within a period of four days.
It is submitted on behalf of either side that the matter is pending for mediation and is listed before the Mediation Centre for the date 22.07.2021. In the circumstances, the matter be thus re-notified for consideration of I.A.6105/2021 for the date 25.08.2021.
ANU MALHOTRA, J JULY 20, 2021/'Neha Chopra' Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.07.2021 15:07:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.