Delhi High Court - Orders
Harley-Davidson Motor Company, Inc vs Patel Brijesh Kumar Balubhai And Anr on 23 September, 2024
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 189/2024
Harley-Davidson Motor Company, Inc .....Petitioner
Through: Mr. Ranjan Narula, Mr. Shakti
Priyan Naira and Mr. Parth Bajaj,
Advs
versus
Patel Brijesh Kumar Balubhai And Anr. .....Respondents
Through: Ms. Nidhi Raman (CGSC) with Mr.
Zubin Singh and Ms. Rashi Kapoor,
Advs for R-2
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 23.09.2024 I.A. 40133/2024 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A:- 40134/2024 (additional documents)
3. The petitioner vide the present application seeks time of thirty days to file additional documents.
4. The petitioner will be at liberty to file additional documents within thirty days, albeit, strictly as per the provisions of the Commercial Courts Act, 2015 and Delhi High Court (Original Side) Rules, 2018.
5. Accordingly, the present application is disposed of.
C.O.(COMM.IPD-TM) 189/2024 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2024 at 23:03:31
6. By virtue of the present petition, the petitioner seeks cancellation/ removal of the entry pertaining to trade mark no. 5769778 for the trade marks in class 12 from the registry of trade marks maintained by the trade mark registry.
7. Issue notice.
8. On the appellant taking requisite steps within a period of one week, issue notice to respondent no.1 by all permissible modes, returnable on 30.01.2025 before the Roster Bench.
9. Learned counsel for the respondent no.2 accepts notice and seeks, and is granted a period of four weeks to file a reply/ written synopsis not exceeding five pages giving a chronological list of dates, events and documents, if any, alongwith relevant duly highlighted judgments which he wishes to rely upon.
10. Similarly, learned counsel for the petitioner seeks, and is granted a period of four weeks to file a rejoinder/ written synopsis not exceeding five pages giving a chronological list of dates, events and documents, if any, alongwith relevant duly highlighted judgments which he wishes to rely upon.
11. List on 30.01.2025 before the Roster Bench.
SAURABH BANERJEE, J SEPTEMBER 23, 2024/Ab This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2024 at 23:03:31