Delhi High Court - Orders
Parle Agro Private Limited vs Surya Fresh Foods Private Limited on 6 February, 2023
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~22 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 145/2021 & I.A.4551/2021
PARLE AGRO PRIVATE LIMITED ..... Plaintiff
Through: Mr.Akhil Sibal, Sr. Adv. with
Mr.Ankur Sangal, Ms.Sucheta Roy and
Mr.Shashwat Rakshit, Advs.
versus
SURYA FRESH FOODS PRIVATE LIMITED ..... Defendant
Through: Mr.N.Mahabir, Mr.P.C.Arya
and Ms.Noopur Biswas, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 06.02.2023
1. With agreement of parties, the following issues are framed for decision in the suit:
(i) Whether the plaintiff is the registered proprietor of the trade mark/ trade dress/packaging of APPY FIZZ ? OPP
(ii) Whether defendant's use of packaging FRESH FIZZY amounts to infringement of the Plaintiff's registered trade mark/trade dress/packaging of APPY FIZ ? OPP
(iii) Whether the plaintiff is the copyright owner of APPY FIZZ packaging ? OPP
(iv) Whether Defendant's use of FRESH FIZZY packaging/trade dress amounts to infringement of Plaintiff's copyright in its APPY FIZZ packaging ? OPP
(v) Whether defendant's use of the FRESH FIZZY Signature Not Verified Digitally Signed CS(COMM) 145/2021 Page 1 of 2 By:KAMLA RAWAT Signing Date:07.02.2023 12:38:06 packaging/trade dress is likely to cause passing off of defendant's product as those of Plaintiff's packaging/trade dress APPY FIZZ ? OPP
(vi) Whether the Plaintiff's packaging/trade dress of APPY FIZZ is common to the trade ? OPD
(vii) Whether the suit is liable to be dismissed in view of statement made by the plaintiff at para no. 24 of the plaint ?
OPD
(viii) Whether the suit suffers from concealment of material facts ? OPD
(ix) Whether the suit is barred by law, laches and acquiescence ? OPD
(x) Whether the plaintiff is entitled to rendition of accounts/damages as claimed by the plaintiff ? OPP
(xi) Relief.
2. List on 27th February 2023 for both parties to suggest a schedule for recording of evidence.
C. HARI SHANKAR, J FEBRUARY 6, 2023/kr/dsn Signature Not Verified Digitally Signed CS(COMM) 145/2021 Page 2 of 2 By:KAMLA RAWAT Signing Date:07.02.2023 12:38:06