Delhi District Court
M/S Architectural Solution And ... vs Sandeep Kumar Jangidtrading As M/S ... on 4 December, 2024
IN THE COURT OF SH. AMIT BANSAL
DISTRICT JUDGE (COMMERCIAL COURT)-03
SOUTH-WEST DISTRICT, DWARKA COURTS
NEW DELHI.
CS (COMM) 283/2023
CNR No.DLSW01-005698-2023
M/s Architectural Solution and Production
(a single proprietorship firm)
(Through its sole proprietor - Mr. Narender Kumar)
A-32, Ist Floor, Khasra No. 11/16/2/25
A Block, Pochanpur Extension
Gali No. 2, Sector-23, Dwarka New Delhi
Delhi-110077.
Mob. No. +91-9968814231
e-mail ID: [email protected]
... Plaintiff
vs.
Sandeep Kumar Jangid
[Trading as - M/s Bhavishya (a single proprietorship firm)]
RZF 186, Old Number - 523, Khasra No. 523
Gali No. 38, Sadh Nagar, Palam, New Delhi-110045
... Defendant
Date of institution : 08.06.2023
Date of final arguments : 21.11.2024
Date of decision : 04.12.2024
CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 1 of 18
SUMMARY JUDGMENT
1.Matter is listed for judgment on the plaintiff's application under Order XIII-A Rule 1, 2 & 3 read with Section 151 CPC.
2. I have already heard the arguments of ld. Counsel for the plaintiff on the above said application under Order XIII-A Rule 1, 2 & 3 read with Section 151 CPC and perused the record. I have also perused the written arguments filed by the plaintiff in support of the above said application.
3. The plaintiff has filed the present suit against the defendant with a prayer for seeking perpetual, permanent and mandatory injunction, rendition of accounts of profit, delivery-up of infringing/pirated goods and/or damages for an amount of Rs. 10,00,000/- against acts of infringement/piracy of design, passing-off of goods, unfair trade competition and practices and misrepresentation etc. against the defendant and costs of the suit.
4. The plaintiff's case in nutshell as mentioned in the plaint is that the plaintiff company has filed the present suit against the defendant against illegal acts of infringement/piracy, passing-off of registered design and its associated goods and unfair trade competition and practices, misrepresentation etc. under the provisions of The Designs Act, 2000 and other relevant provisions of CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 2 of 18 law including common law. The plaintiff is a single proprietorship firm as well as trade name/entity of Mr. Narender Kumar (being its sole proprietor) having its registered address and principal place of business at A-32, Ist Floor, Khasra No.- 11/16/2/25, A Block, Pochanpur Extension, Gali No. 2, Sector-23, Dwarka, New Delhi, Delhi - 110077 and its GST Registration Number as 07DKGPK0521M1Z6. It has been stated in the plaint that the plaintiff through the present single entity being - M/s Architectural Solution and Production as well as through several other entities is involved in various commercial, business, manufacturing and trading activities related to various goods which includes but is not restricted to various and all kinds of Lamps, L.E.D. Lights and other goods related, allied and cognate to them. It has been submitted that the sole proprietor of the plaintiff first commenced its business and commercial activities through its predecessors several years ago and has been involved in the manufacturing, supplying, selling, trading, importing, exporting, flogging and/or other related commercial and business activities of its said goods on wholesale as well as retail level. The entity of the plaintiff was structured in the year 2017 and the rights, liabilities and assets of other entities of the sole proprietor of the Plaintiff as well as of its predecessors were also acquired by the plaintiff. The Plaintiff has been involved in the aforesaid business and commercial activities of the said goods in a continuous, extensive, uninterrupted and wide manner since their first commencement by its predecessors and sole proprietor several decades ago and so continued by the present entity of the plaintiff CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 3 of 18 since the year 2017. It has been submitted in the plaint that the plaintiff is in compliance of all mandatory, statutory, legal or other stipulatory requirements, conditions, registrations, approvals and licenses. The Plaintiff has timely obtained all such registrations, licenses, etc. and also have several standardizations for its aforesaid business as well as for its overall commercial activities and its said goods. The GST Registration number of the plaintiff as issued in favour of its sole proprietor is 07DKGPK0521M1Z6 on 16.07.2018. It has been stated in the plaint that a substantial portion of the business and commercial activities of the plaintiff especially of the sale and supply of its said goods are also undertaken through various popular and reputed e-commerce platforms and online market places including- "Flipkart" (being the e-commerce platform/online market place of the erstwhile defendant no. 2) and "Amazon" (being another e-commerce platform/online marketplace of a different entity). All the above said goods of the plaintiff (various and all kinds of lamps, LED lights and other goods related, allied and cognate to them) are listed on said e-commerce platforms (B2B/B2C Sales) and the said goods of the plaintiff are highly popular, reputed and sought after with a distinct recognition and goodwill in favour of the plaintiff. The plaintiff is a listed as a seller on all such platforms and the seller names of the plaintiff on such online platforms and e-commerce market places are - "CROSSCUT FURNITURE" (on 'Flipkart' of the erstwhile Defendant no. 2) and "CROSSCUT LAMPS"
(on'Amazon'), amongst others. The entire business and all commercial activities of the plaintiff for its said goods are also CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 4 of 18 undertaken on different other physical/offline platforms and through different modes, mediums and channels apart from the aforesaid. During the course of long, extensive, enormous, continuous and uninterrupted business and commercial activities of the plaintiff especially of its said goods, the plaintiff has coined and created several intellectual properties, especially unique and novel designs of its said goods and various trademarks, logos, devices and copyrights. All of such intellectual properties either by virtue of valid, legal and subsisting registration or by virtue of prior adoption/usage along with exclusive association, affiliation and connection with the plaintiff and with its said goods has entitled the plaintiff to be the sole owner/proprietor/publisher/author/creator of such intellectual properties. It has been further averred in the plaint that the plaintiff has created several new, original, novel, unique and distinctive designs for its said goods and all of such designs besides being registered in the name of the plaintiff under the relevant provisions of the said act are also unique, original and different from any other known designs of the said goods. For the purpose of the present suit, only one of the registered designs of the plaintiff requires mentioning and the details of which are herein below given -
Design Registration Application No. - 372452 - 001 Date of Filing of Application - October 12, 2022 Goods and Class for which it is Registered - Wooden Lamp;26-05 Design Registration Certificate No.- 122989 Date of Grant/Issue of Registration Certificate - January 02, 2023 CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 5 of 18 The images of the design from different angle are as under:-
FRONT VIEW BACK VIEW CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 6 of 18 PERSPECTIVE VIEW TOP VIEW CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 7 of 18 BOTTOM VIEW
5. It has been further averred in the plaint that the creation, development and conceptualization of the said design and its registration and publication thereof have been done and obtained in the name of the sole proprietor of the plaintiff and the said design is being used by the plaintiff on a commercial basis for and upon the sale of its said goods through the plaintiff entity and which is not only the entity but also the trade name of the plaintiff's proprietor for its entire business under the said design. It has been stated in the plaint that the plaintiff has spent huge amount of money, hard work, labour, time and other resources in conceptualizing, developing and creating the said design and has undertaken research and deployed professionals for distinguishing the said design and creating the novelty in it by making the said design different and distinct from all known designs of the said goods. The uniqueness, novelty and originality of the said design is vested in the different and distinct shape and configuration of the overall body including the unique CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 8 of 18 and different placement/appearance of the lamp cover, the wooden legs, the 3 wooden levels/storage compartment and the beauty of the view of the entire lamp from its top view and the peculiar and specialized placement of curves, lines, depths and openings therein giving it an overall beautiful and ravishing appeal and appearance. The registration of the said design is valid and subsisting in favour of the plaintiff and no cancellation or rectification petition has ever been filed or is pending against the said registered design as per the best of the knowledge of the plaintiff. The said design has also never been used by any entity or individual prior to the filing of its registration application by the plaintiff and the said design is undoubtedly novel, unique, distinguishable, new, original and is registrable as a "design" as per the provision of the Act. The sole and exclusive rights in all of the intellectual properties including the said designs and other unique, novel and new designs of the said goods so created by the plaintiff, is vested in the plaintiff alone. Amongst its various trademarks/logos, the plaintiff has most frequently and extensively used a trademark 'CROSSCUT' and its various adaptions, modifications and amendments including their new, novel, unique and distinct logos and devices. The said trademark is also part of the trade name and seller name of the plaintiff for its listings and sales of said goods under its registered design on the e-commerce platforms and market places Flipkart and Amazon. The URL's of the listings of the plaintiff's said goods under the said registered design on the popular e-commerce and online market places being Flipkart and Amazon are as under:-
CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 9 of 18 ON 'FLIPKART'-
https://www.flipkart.com/crosscut-furniture-tripod-floor- lamp/p/itma0ce6202b55d3?pid=FIOFZDUDAVMBPEXB ON 'AMAZON'-
https://www.amazon.in/dp/B0B3RFXH69?ref=myi_title_dp The sale price of the said goods under the said design of the plaintiff on both the aforesaid online platforms are also similar and on higher side in comparison to the general pricing of the said goods. The pre- emptive and superlative quality, aesthetics and the overall appeal and appearance of the said goods of the plaintiff under the said design renders it requisites that the overall sale price is kept on a higher side. Despite the comparatively expensive nature of the said goods under the said design, they are highly sought after and in demand and which further proves their uniqueness, beauty, novelty, goodwill, reputation and popularity.
6. It was further averred in the plaint that the plaintiff discovered that their said goods and registered design of the said goods were being repeatedly infringed, copied and pirated on various e-commerce platforms and online market places particularly www.flipkart.in. It was averred that the defendant either online listed seller who is selling infringing, pirated, copied and CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 10 of 18 substandard copies of the said design of the said goods of the plaintiff on different online platforms and e-commerce market places particularly on www.flipkart.in and its associated computer/mobile application. The defendant is listed as a seller on the said platform wherein it is selling the infringing/pirated goods. The infringing and pirated products as being sold by the defendant are an exact or deceptively and confusingly similar and identical replica of the registered design of the plaintiff. The online account of the defendant through which it has listed and is offering to sell and selling such infringing/pirated goods is by seller name 'Bhavishya craft' on Flipkart. The defendant is selling exact, similar and/or identical product such as the goods of the plaintiff with fraudulent and obvious imitation of the registered design of the plaintiff despite the fact that the defendant does not have any license, permission or written consent of the plaintiff. The defendant is selling the infringing and pirating goods in an extensive, open and blatant manner on the said online market place people/customers/consumers from all across the globe can access/see the said listings of infringing and pirated goods of the defendant thereby diluting the goodwill, reputation, popularity and distinctiveness of the said design and also of the plaintiff and its overall business. The plaintiff also managed to obtain and purchase one of the said impugned infringing and pirating goods of the defendant as listed on Flipkart and a side by side comparison of the infringing/pirated goods of the defendant with the original, novel, unique, new and authentic design of the said goods of the plaintiff evidently and undoubtedly establishes the CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 11 of 18 striking and obvious similarity, identity and even sameness between the two. The said design of the plaintiff is a design within the meaning of Section 2(d) and is also original within the meaning of Section 2(g) of The Designs Act, 2000. The plaintiff having created, conceptualized and designed the registered design and also having obtained its registration in its favour is the sole proprietor of the new and original said design as per Section 2(j) of The Designs Act, 2000 and has therefore, exclusive copyright and the sole right to use and apply the said design on the said goods for which it has been created and registered. The defendant is selling, offering/exposing to sell, publishing and listing such goods which are infringing and pirating the said design of the plaintiff on the same e-commerce platforms and online market places where the plaintiff is selling the said goods under their registered design. The plaintiff has thus filed the present suit with prayers as detailed in the prayer clause of the plaint. Ld. Counsel for the plaintiff during final arguments has pressed only the prayers nos. B, C, D, E & M of the plaint.
7. The record would show that on application of the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC, an ex-parte ad-interim junction was granted in favour of the plaintiff and against defendant no. 1 till disposal of the application. Vide said order dated 11.08.2023, the defendant no. 1, his agents, associates, assignees or any other person, acting for or on behalf of defendant no. 1 were restrained (i) for the purpose of sale, to apply or cause to be applied to any article in the class of articles, in which CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 12 of 18 the design of the plaintiff is registered, vide Design No. 372452-001 dated 12.10.2022, (Certificate no. 122989 dated 02.01.2023), the design or any fraudulent or obvious imitation thereof, or to do anything with a view to enable the design to be so applied, (ii) to import for the purposes of sale, any article belonging to the class, in which the plaintiff's aforesaid design has been registered, and having applied to it the said design or any fraudulent or obvious imitation thereof, (iii) knowing that the plaintiff's aforesaid design or any fraudulent or obvious imitation thereof has been applied to any article in the class of articles, in which the plaintiff's aforesaid design is registered, to publish or expose or cause to be published or exposed for sale that article, and/or (iv) to do anything which may infringe the copyright of the plaintiff in the aforesaid design, in any manner.
8. The summons for settlement of issues and notice of the application under Order XXXIX Rules 1 & 2 read with Section 151 CPC were issued to the defendant no. 1 which as per record were duly served upon him through his mother on 25.08.2023.
9. As observed in foregoing paragraphs, the defendant no. 1 was duly served with the summons for settlement of issues on 25.08.2023. Record would show that one Ld. Counsel Ms. Shagun Garg had also appeared for the defendant on 11.09.2023 and had sought time to file written statement as well as reply to the application under Order XXXIX Rules 1 & 2 CPC but failed to file CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 13 of 18 the same within the stipulated period. As per record, one Sh. Naman Tandon, the ld. Counsel for erstwhile defendant no. 2 (Flipkart Online Services Private Limited) also appeared on 01.11.2023. Record would further show that on an application of the plaintiff under Order 1 Rule 10(2) read with Section 151 CPC, vide order dated 01.11.2023, name of defendant no. 2 was struck out from the array of parties. Thereafter defendant no. 1 stopped appearing and vide order dated 20.12.2023, he (defendant) was proceeded against ex-parte. Since the defendant had chosen not to come forward to join the proceedings in the matter despite opportunity having been granted to him, the only inference that can be drawn is that defendant had no defence to put forth. The plaintiff, on the other hand, from pleadings and documents placed on record has established that it is the manufacturer and trader of the said goods under the trade name of M/s Architectural Solution and Production being the sole proprietorship of Sh. Narender Kumar. The copy of relevant registration certificate Form GST REG-06 is on record. The design of the plaintiff is registered in the name of the plaintiff under the Design Act, 2000. In that regard, the relevant document i.e. the copy of Certificate of Registration of Design of the Patent Office, Government of India dated 12.10.2022 (date of issue 02.01.2023) would show that the design no. 372452-001 has been registered in class 26-05 in respect of the application of such design to wooden lamp in the name of Narender Kumar (Proprietor of the plaintiff). The plaintiff is the sole and exclusive proprietor of the said design which includes the rights to exclusively use and apply the said CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 14 of 18 design over the said goods for which they are registered as per the provisions of Sections 2(c), 2(j) and 11 of The Designs Act, 2000. Further, the said design is a 'design' as per the provisions of Section 2(d) of The Designs Act, 2000 and also an 'original' design within the meaning of Section 2(g) of the said Act. Defendant is already ex-parte and it is not the case of the defendant that no rectification/cancellation petition has ever been allowed, filed or is pending against the said design. The business and commercial activities of the plaintiff are related to various kinds of Lamps, LED lights and other goods related, allied and cognate to them and that the plaintiff has been carrying its said business and commercial activities in a continuous, extensive and uninterrupted manner. A major portion of such activities are carried on the online market places/e-commerce platforms Flipkart and Amazon etc. The necessary documents in that regard pertaining to Flipkart and Amazon are on record. The seller name and account of the plaintiff on e-commerce platform Flipkart is 'Crosscut Furniture' and on Amazon, it is 'Crosscut Lamps' and the documents in that regard are on record. The invoices for marketing/advertisement/promotion of the goods under the registered said design of the plaintiff as undertaken on Flipkart and Amazon have also been placed on record. The copy of screenshot of the infringing product of the plaintiff as sold by the defendant on Flipkart which is exact or deceptively and confusingly similar to the registered design of the plaintiff by the seller name Bhavishyacraft is also on record. The copy of sale invoice of defendant issued in favour of the plaintiff for the sale of CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 15 of 18 infringing/pirating goods on Flipkart has also been placed on record by the plaintiff. It has been argued by the ld. Counsel for the plaintiff that during the course of its business and commercial activities, the plaintiff has coined, created, developed and used various intellectual properties including several new, original, unique and novel designs of various goods and thus the said 'design' cannot be used by any other person without its permission and authority. The defendant has no defence in face of plaintiff's right to use 'design' on its products and the defendant has no real prospects of successfully defending the claim. In such circumstances, the suit is liable to be decreed. As mentioned above, the ld. Counsel for the plaintiff has only pressed for passing of decree qua prayers number B, C, D, E & M of the plaint. Accordingly, a decree of perpetual, mandatory and permanent injunction is passed in favour of the Plaintiff and against the defendant thereby restraining the defendant, his associates, agents, officers, affiliates, representatives, predecessors, successors, employees and assigns from using in any manner whatsoever and infringing and pirating the registered design of the plaintiff bearing no.- 372452-001 (of Wooden Lamp) and/or any other design which is deceptively and confusingly similar or identical to it and/or is its fraudulent or obvious imitation, on any goods similar or identical to the said goods or the goods for which the said design is registered in the name of the plaintiff. Accordingly, a decree of perpetual, mandatory and permanent injunction is passed in favour of the Plaintiff and against the defendant thereby directing the defendant, his associates, agents, CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 16 of 18 officers, affiliates, representatives, predecessors, successors, employees and assigns to remove all of their listings, posts and publications from all e-commerce platforms/online marketplaces and social media platforms which contains or bears the registered design of the plaintiff bearing no.- 372452-001 (of Wooden Lamp) and/or any other design which is deceptively and confusingly similar or identical to it and/or is its fraudulent or obvious imitation. Accordingly, a decree of perpetual, mandatory and permanent injunction is passed in favour of the Plaintiff and against the defendant thereby directing the defendant, his associates, agents, officers, affiliates, representatives, predecessors, successors, employees and assigns to remove the registered design of the Plaintiff bearing no.- 372452-001 (of Wooden Lamp) and/or any other design which is deceptively and confusingly similar or identical to it and/or is its fraudulent or obvious imitation from any and all packaging, materials, literature, pamphlets, tags, labels, bill books, prospectus, websites and from every other sort of written/visual communication and material. Accordingly, a decree of mandatory and permanent injunction is passed in favour of the Plaintiff and against the defendant thereby restraining the defendant, his associates, agents, officers, affiliates, representatives, predecessors, successors, employees and assigns from passing-off their goods as those of the Plaintiff's goods under their said registered design bearing no.- 372452-001 (of Wooden Lamp). Costs of the suit are also awarded in faovur of the plaintiff and against the defendant.
CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 17 of 18
10. Application under Order XIII-A Rule 1, 2 and 3 read with Section 151 CPC filed on behalf of plaintiff is disposed of alongwith the suit with a summary judgment in favour of the plaintiff.
11. Decree sheet be drawn up accordingly.
12. File be consigned to record room after due compliance.
Digitally
signed by
AMIT
AMIT BANSAL
BANSAL Date:
Announced in open Court 2024.12.04
16:17:40
on 04.12.2024 +0530
(Amit Bansal)
District Judge (Commercial Court)-03,
South-West, Dwarka Courts, New Delhi
04.12.2024
CS(COMM) 283/2023 M/s Architectural Solution and Production vs. Sandeep Kumar Jangid Page No. 18 of 18