Delhi District Court
Leayan Global Private Limited vs Mr. Pawan Rajput on 1 July, 2022
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IN THE COURT OF MS. NIVEDITA ANIL SHARMA
DISTRICT JUDGE
COMMERCIAL COURT-01, SHAHDARA,
KARKARDOOMA COURTS, DELHI
CNR No. DLSH01-000004-2021.
CS (Comm) No. 01 of 2021.
Leayan Global Private Limited
119-121 (Part P), Block P&T,
Fazal Ganj, Kanpur, Uttar Pradesh -208012.
......................................................................................Plaintiff.
versus
1. Mr. Pawan Rajput
Trading as Vijaya E-Com World,
S/o Mr. Laxman Singh,
612A/613B-Heera Lal Ki Pyau, Near Usha Factory,
Artoni, Agra, Uttar Pradesh-282007.
[email protected]
WhatsApp No. 7906780073
2. Flipkart Internet Private Limited (deleted vide order dated 20.02.2021)
Buildings Alyssa, Bengonia & Clove Embassy Tech Village,
Outer Ring Road, Devarabeesanahalli Village,
Bengaluru, 560103, Karnataka, India.
....................................................................................................................Defendants.
Date of institution of the case : 04.01.2021
Date of consideration of the case : 05.01.2021
Date of conclusion of the final arguments : 01.07.2022.
Date of judgment : 01.07.2022.
Appearances : Mr. Anil Kumar Sahu, Mr. Mohit Sharma and Ms. Shinkal
Garg, counsel for the plaintiff.
Defendant number 1, Mr. Pawan Rajput, proprietor of Vijaya E-
Com World was proceeded ex-parte vide order dated 15.12.2021.
The name of defendant number 2 had already been deleted from
the array of the defendants vide order dated 20.02.2021.
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CS (Comm) No. 01 of 2021.
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JUDGMENT
1. This is a suit under sections 134 and 135 of the Trade Marks Act, 1999 (hereinafter referred to as the TM Act) and Copyright Act, 1957 (hereinafter referred to as the CR Act), seeking permanent injunction to restrain infringement of Trademark, infringement of Copyright, passing off, rendition of accounts etc., filed by Leayan Global Private Limited (hereinafter referred to as the plaintiff) against Mr. Pawan Rajput, proprietor of Vijaya E-Com World and Flipkart Internet Private Limited (hereinafter referred to as the defendant numbers 1 and 2 respectively).
2. The plaintiff has filed the suit along with an application under order 39 rules 1 and 2 read with section 151 of the Civil Procedure Code (hereinafter referred to as the CPC), application under order 26 rule 9 and order 39 Rule 7 read with section 151 of the CPC for appointment of local commissioner, application under order XI rule 4 read with section 151 of the CPC for seeking leave to rely on additional documents, application under order XI rule 1 (4) of the Commercial Courts, Commercial Division and Commercial Appellate Division of a High Court Act, 2015 read with section 151 of the CPC for seeking leave to file additional documents along with notarized affidavits, statement of truth and affidavit under order XI rule 6 of the Commercial Courts Act, 2015.
3. The case had been filed with the title as Leayan Global Private Limited v.
Ashok Kumar (John Doe) and another. The counsel for the plaintiff had submitted that the actual and real name of the defendant number 1 was not known and he was addressed as "Ashok Kumar (John Doe)" and as and CS (Comm) No. 01 of 2021.
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when his identity was revealed, the suit shall be amended and the amended memo of parties shall be filed.
4. Vide order dated 05.01.2021, the ex parte injunction was granted in favour of the plaintiff and a local commissioner was appointed and the matter was listed for issuance of summons and notice of the application XXXIX rules 1 and 2 read with section 151 of the CPC to the defendants.
5. On 18.01.2021, the counsel for the plaintiff had filed an application under section 151 of the CPC for seeking permission for substituting the name of the defendant number 1 instead of Ashok Kumar.
6. On 23.01.2021, a counsel had appeared on behalf of defendant number 1 and had filed the scanned copy of the vakalatnama on behalf of defendant number 1 and submitted that he shall file the original vakalatnama in due course. The report of the local commissioner had also been received in a closed cover. The application of the plaintiff under section 151 of the CPC for seeking substitution of the name of the defendant number 1 (John Doe) instead of Ashok Kumar was allowed and the name of defendant number 1 Vijaya E-Com World through its proprietor Mr. Pawan Rajput proprietor was allowed to be substituted. The counsel for the plaintiff had submitted that the counsel for the defendant number 1 had already contacted and informed that the URL of defendant number 1 has already been removed from the portal of defendant number 2.
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7. On 23.01.2021, the file had been taken up again at 12:00 noon, on request of the counsel for the defendant number 2. The counsel for the defendant number 2 had filed her memo of appearance on behalf of defendant number 2 and submitted that she shall file her vakalatnama on behalf of defendant number 2 in due course. The counsel for the defendant number 2 had further submitted that the link/URL of defendant number 1 had already been removed/de-listed from the portal of defendant number 2 in compliance to the Court order dated 05.01.2021 and she shall file the affidavit of compliance by defendant number 2 on next date of hearing.
8. On 10.02.2021, the counsel for the defendant number 2 had filed the vakalatnama on behalf of defendant number 2 as well as written statement, application under order 1 rule 10 read with section 151 CPC with annexures, statement of truth, affidavit of compliance of the order dated 05.01.2021, affidavit of admission and denial of the documents. The counsel for the plaintiff had sought time for verifying whether or not URL of defendant number 1 had already been removed from the portal of the defendant number 2. He had also taken time to take instructions from the plaintiff whether or not the case has to be pursued against defendant number 2. He had also submitted that he had been informed by the counsel for the defendant number 1 that the defendant number 1 is in the process of furnishing the name of the supplier of infringed products from where the same were supplied to the defendant number1.
9. On 20.02.2021, the name of the defendant number 2 had been deleted from the array of the defendants as the plaintiff did not wish to pursue the CS (Comm) No. 01 of 2021.
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case against the intermediary i.e. defendant number 2 (as it has filed the affidavit regarding compliance of the Court order) and there is no other relief claimed by the plaintiff qua defendant number 2 as it had already removed/de-listed the link/URL/Listing of the defendant number 1 from the portals or websites of defendant number 2. The injunction granted against defendant number 2 vide order dated 05.01.2021 also stood accordingly vacated.
10.On 06.12.2021, it was reported that the defendant number 1 Mr. Pawan Kumar Rajput was served through local commissioner on 09.01.2021.
11. The defendant number 1, through counsel, had appeared before the Court for the first time on 23.01.2021 and till date, he had not filed the written statement. The counsel for defendant number 1 had appeared on 23.01.2021, 20.02.2021, 17.03.2021 and 09.10.2021. The proxy counsel for the counsel for defendant number 1 had appeared on 22.09.2021 and 06.12.2021. None had appeared on behalf of defendant number 1 on 10.02.2021 and 15.12.2021.
12.Vide order dated 15.12.2021, the defendant number 1 Mr. Pawan Kumar Rajput was proceeded ex-parte as none appeared for defendant number 1.
13.The ex parte evidence has not been recorded, as elaborated in the order dated 15.12.2021, in terms of the judgments of the hon'ble High Court of Delhi in Parsvanath Developers Ltd v. Vikram Khosla, CS Comm No. 618 of 2019 and C.M No. 8431 of 2020, decided on 03.03.2021, 2021 SCC Online DEL 3147 and Merck Sharp and Dohme Corp. v.
Mr.Munish Thakur, 2017 SCC Online Del 11226. It was observed CS (Comm) No. 01 of 2021.
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therein that where the plaint has been verified and also supported with the affidavit/statement of truth on behalf of the plaintiff and the defendant having being proceeded ex-parte, no purpose would be served if the plaintiff is directed to lead ex-parte evidence. Arguments are to be addressed straightaway and the judgment is to be passed on the basis of the material on record.
14.On 23.12.2021, the counsel for the plaintiff had filed the memo of fees and memo of expenses.
15.In the plaint, it has been averred, that the plaintiff is a company duly incorporated under the provisions of the Companies Act 1956. Mr. Manoj Singh is the DGM-Legal of the plaintiff and is authorized to sign and verify the pleadings, depose to the facts of the case and to do all other actions, necessary for the conduct of the instant suit proceedings. Even otherwise Mr. Manoj Singh is well aware of the facts and circumstances of the present case. Mr. Manoj Singh has the locus and the capacity to maintain the instant suit proceedings on behalf of the plaintiff.
16.It is averred, on behalf of the plaintiff, that the plaintiff is engaged in the business of manufacturing and marketing of all kinds of shoes, boots, slippers, soles and other footwear articles, cleaners, polish, bags, wallets, luggage items, belts, saddlery, sports items and equipment, readymade garments, leather, leather materials and articles, animal skins and hides and other allied and cognate goods (referred to as the said business and goods respectively). In the year, 1998, the plaintiff through its predecessor, honestly and bonafidely conceived and adopted the trade CS (Comm) No. 01 of 2021.
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mark RED CHIEF (word) along with (RED CHIEF LABEL) consisting of a unique geometric pattern, having the word "Red" transcribed in white on a red background in the upper-third section and word "Chief" transcribed in white on a blue background in the lower-third section, with Device of a Red-Indian Chieftain being placed in the middle (referred to as said trademark/label) in relation to said goods and business. The true representation of plaintiff's trademark/label has been given herein below:
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CS (Comm) No. 01 of 2021.
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17.The said trademark RED CHIEF and (RED CHIEF LABEL) bear original artistic features of placement, distinctive getup, makeup, let-
tering style etc. The term said Trade Mark/Label includes the artistic fea- tures involved therein. The word RED CHIEF, and the unique geometric pattern, having the word "Red" transcribed in white on a red background in the upper-third section and word "Chief" transcribed in white on a blue background in the lower-third section, with Device of a Red-Indian Chief- tain being placed in the middle, as well as the artistic features involved in the said trade mark RED CHIEF and (RED CHIEF LABEL) are all, both individually and also collectively, essential, material and distin-
guishing features of the said trademark RED CHIEF, (RED
CHIEF LABEL), &
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[referred to as the said Trade Mark/Label]. The plaintiff is part of the well known RSPL Group of companies and is a wholly owned subsidiary of M/s RSPL Limited. The parent company of the group, RSPL (M/s RSPL Limited, which has also undergone many changes in Constitution) started its primary business of manufacturing and marketing with its own FMCG soap brand, GHARI in the year 1988 with a single production unit. However, today the group has progressed into having 27 successful manufacturing units which are now market leading FMCG brands by their own well organized distribution channels across the country. Apart from GHARI detergent and RED CHIEF, the group's other FMCG brands are NAMASTE INDIA; XPERT, PROEASE and VENUS which are equally well known and successful brands among the masses. The group is also expanding into construction/real estate and dairy products domestically, and the retail chains by the name of GODOWN are also among much talked about and recognized stores across many regions. At present the total turnover of the group is more than 400 million US dollars which is rising at a continuous pace. (The term plaintiff shall refer and include all the aforementioned predecessors of the plaintiff). The plaintiff's said trade mark RED CHIEF and RED CHIEF LABEL is registered in class 18, 25 and 28 and also in other classes in India under various registrations which are still valid and sub- sisting under the provisions of the Trade Marks Act, 1999. The details of CS (Comm) No. 01 of 2021.
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registered and pending trademarks of the plaintiff, in class 18, 25 and 28, are reproduced herein below:
TRADEMARK CLASS APPL. NO. STATUS
S.NO.
RED CHIEF SHOES Registered
1 (device) 18 920685
2 RED CHIEF (Word) 18 1092852 Registered
3 RED CHIEF SHOES(Lbl) 18 1207649 Registered
RED CHIEF Registered
4 SHOES (garments) 25 920692
RED CHIEF (KINETIC Registered
5 SANDALS) 25 1032912
6 RED CHIEF (Word) 25 1092857 Registered
RED CHIEF KINETIC Registered
7 SANDALS(Lbl) 25 1093883
8 RED CHIEF SHOES(Lbl) 25 1093885 Registered
9 RED CHIEF SHOES(Lbl) 25 1207656 Registered
10 RED CHIEF FLUFFY 25 1680265 Registered
REDCHIEF MAXO LITE Registered
11 (logo) 25 2484676
12 Red Chief with Label 25 2075068 Registered
13 Red Chief Rockwolf 25 3324461 Registered
14 Red Chief Extra Light 25 3601584 Registered
15 Red Chief Xtra Light 25 3601585 Registered
16 Red Chief Xtra Lite 25 3601586 Registered
17 Red Chief Extra Lite 25 3601588 Registered
18 Red Chief Moon Walker 25 3558587 Registered
19 Red Chief Flex 360 25 3234744 Registered
20 Red Chief Springer 25 3916071 Registered
21 Red Chief Float 25 3916072 Registered
22 Red Chief Springer 25 3960351 Registered
Red Chief Hybrid Registered
23 25 3995967
Suspension System
RED CHIEF BEYOND Pending
24
BASICS 25 2847480
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RED CHIEF ECO Registered
25
ENERGY 25 3234743
RED CHIEF COMFORT Pending
26
WALK 25 3761370
RED CHIEF RED Registered
27
QUEEN 25 4147290
28 RED CHIEF SHOES(Lbl) 28 1207659 Registered
RED CHIEF BEYOND Registered
29
BASICS 28 2902713
18.It is further averred that the plaintiff has filed various other applications for registration of trademark RED CHIEF and RED CHIEF LABEL in Classes 01 to 42 under the provisions of the TM Act in India. The plaintiff is also the registered proprietor of trade mark RED CHIEF COLUMBUS LABEL, RED CHIEF MS LABEL, RED CHIEF JUNIORS LABEL (re-
ferred to as the said formative trademarks/labels).The term said trade- mark/label RED CHIEF and RED CHIEF LABEL shall refer and include the aforementioned formative trademarks. The word/mark RED CHIEF and the unique geometric pattern, having the word "Red" transcribed in white on a red background in the upper-third section and word "Chief" transcribed in white on a blue background in the lower-third section, with Device of a Red-Indian Chieftain being placed in the middle, remains the essential feature of the said trade mark RED CHIEF and RED CHIEF LA- BEL. The details of plaintiff's trademark RED CHIEF and RED CHIEF LABEL registered/pending in India have been given as herein below :
APPLICATIO TRADE MARK CLASS STATUS S.No. N NO.
1 RED CHIEF SHOES (Lbl) 1 920668 Registered CS (Comm) No. 01 of 2021.
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2 RED CHIEF SHOES (Lbl) 1 1207632 Registered 3 RED CHIEF SHOES(Lbl) 2 920669 Registered 4 RED CHIEF SHOES(Lbl) 2 1207633 Registered 5 RED CHIEF SHOES(Lbl) 3 920670 Registered 6 RED CHIEF SHOES(Lbl) 3 1207634 Registered 7 RED CHIEF SHOES(Lbl) 4 920671 Registered 8 RED CHIEF SHOES(Lbl) 4 1207635 Registered 9 RED CHIEF SHOES(Lbl) 5 920672 Registered 10 RED CHIEF SHOES(Lbl) 5 1207636 Registered 11 RED CHIEF SHOES(Lbl) 6 920673 Registered 12 RED CHIEF SHOES(Lbl) 6 1207637 Registered 13 RED CHIEF SHOES(Lbl) 7 1207638 Registered 14 RED CHIEF SHOES(Lbl) 8 920675 Registered 15 RED CHIEF SHOES(Lbl) 8 1207639 Registered 16 RED CHIEF SHOES(Lbl) 9 920676 Registered 17 RED CHIEF SHOES(Lbl) 9 1207640 Registered 18 RED CHIEF SHOES(Lbl) 10 920677 Registered 19 RED CHIEF SHOES(Lbl) 10 1207641 Registered 20 RED CHIEF SHOES(Lbl) 11 920678 Registered 21 RED CHIEF SHOES(Lbl) 11 1207642 Registered 22 RED CHIEF SHOES(Lbl) 12 920679 Registered 23 RED CHIEF SHOES(Lbl) 12 1207643 Registered 24 RED CHIEF SHOES(Lbl) 13 920680 Registered 25 RED CHIEF SHOES(Lbl) 13 1207644 Registered 26 RED CHIEF SHOES(Lbl) 14 920681 Registered 27 RED CHIEF SHOES(Lbl) 14 1207645 Registered 28 RED CHIEF SHOES(Lbl) 15 920682 Registered 29 RED CHIEF SHOES(Lbl) 15 1207646 Registered 30 RED CHIEF SHOES(Lbl) 16 920683 Registered 31 RED CHIEF SHOES(Lbl) 16 1207647 Registered 32 RED CHIEF SHOES(Lbl) 17 920684 Registered 33 RED CHIEF SHOES(Lbl) 17 1207648 Registered 34 RED CHIEF SHOES (device) 18 920685 Registered 35 RED CHIEF (Word) 18 1092852 Registered 36 RED CHIEF SHOES(Lbl) 18 1207649 Registered 37 RED CHIEF SHOES(Lbl) 19 920686 Registered 38 RED CHIEF SHOES(Lbl) 19 1207650 Registered CS (Comm) No. 01 of 2021.
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39 RED CHIEF SHOES(Lbl) 20 920687 Registered 40 RED CHIEF SHOES(Lbl) 20 1207651 Registered 41 RED CHIEF SHOES(Lbl) 21 920688 Registered 42 RED CHIEF SHOES(Lbl) 21 1207652 Registered 43 RED CHIEF SHOES(Lbl) 22 920689 Registered 44 RED CHIEF SHOES(Lbl) 22 1207653 Registered 45 RED CHIEF SHOES(Lbl) 23 920690 Registered 46 RED CHIEF SHOES(Lbl) 23 1207654 Registered 47 RED CHIEF SHOES(Lbl) 24 920691 Registered 48 RED CHIEF SHOES(Lbl) 24 1207655 Registered RED CHIEF 49 SHOES (garments) 25 920692 Registered RED CHIEF (KINETIC 50 SANDALS) 25 1032912 Registered 51 RED CHIEF (Word) 25 1092857 Registered RED CHIEF KINETIC 52 SANDALS(Lbl) 25 1093883 Registered 53 RED CHIEF SHOES(Lbl) 25 1093885 Registered 54 RED CHIEF SHOES(Lbl) 25 1207656 Registered 55 RED CHIEF FLUFFY 25 1680265 Registered REDCHIEF MAXO LITE 56 (logo) 25 2484676 Registered RED CHIEF BEYOND 57 BASICS 25 2847480 Pending RED CHIEF BEYOND 58 BASICS 28 2902713 Registered 59 RED CHIEF ECO ENERGY 25 3234743 Registered RED CHIEF COMFORT 60 WALK 25 3761370 Pending 61 Red chief Red Queen 25 4147290 Registered 62 RED CHIEF SHOES(Lbl) 26 920693 Registered 63 RED CHIEF SHOES(Lbl) 26 1207657 Registered 64 RED CHIEF SHOES(Lbl) 27 920694 Registered 65 RED CHIEF SHOES(Lbl) 27 1207658 Registered 66 RED CHIEF SHOES(Lbl) 28 1207659 Registered 67 RED CHIEF SHOES(Lbl) 29 1207660 Registered 68 RED CHIEF SHOES(Lbl) 30 1207661 Registered 69 RED CHIEF SHOES(Lbl) 31 1207662 Registered CS (Comm) No. 01 of 2021.
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70 RED CHIEF SHOES(Lbl) 32 920699 Registered 71 RED CHIEF SHOES(Lbl) 32 1207663 Registered 72 RED CHIEF SHOES(Lbl) 33 1207664 Registered 73 RED CHIEF SHOES(Lbl) 34 920701 Registered 74 RED CHIEF SHOES(Lbl) 34 1207665 Registered 75 RED CHIEF (logo+word) 35 2297391 Registered 76 RED CHIEF (logo+word) 37 2297392 Registered 77 Red Chief with Label 25 2075068 Registered Red Chief Deo Double 78 Impact 3 2557984 Registered 79 Red Chief Rockwolf 25 3324461 Registered 80 Red Chief Extra Light 25 3601584 Registered 81 Red Chief Xtra Light 25 3601585 Registered 82 Red Chief Xtra Lite 25 3601586 Registered 83 Red Chief Extra Lite 25 3601588 Registered 84 Red Chief Moon Walker 25 3558587 Registered 85 Red Chief Flex 360 25 3234744 Registered 86 Red Chief Springer 25 3916071 Registered 87 Red Chief Float 25 3916072 Registered 88 Red Chief Springer 25 3960351 Registered Red Chief Hybrid Suspension 89 25 3995967 Registered System
19.It is further averred that all the trademark applications have been filed and the registrations obtained in relation thereto with bonafide intention to use in relation to the products in respect of the respective goods. In some of the earlier registrations, there were some disclaimers as to the word red etc, while other registrations were not subject to the same. In view of the extensive user and acquired distinctiveness, goodwill and reputation, the said disclaimers have nonetheless become non-est. The application for is-
suing of the legal proceeding certificates in respect of the some of the aforesaid trademarks applications have been duly filed before the registrar CS (Comm) No. 01 of 2021.
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of Trademark, New Delhi and the same is pending for issuing. The trade- mark registration certificates and status of the above-mentioned trade- marks have been annexed with the plaint.
20.The artistic work involved in the plaintiff's said trademark RED CHIEF, (RED CHIEF LABEL) , & is an original art work within the meaning of the CR Act and the plaintiff is the owner thereof (the Term said trademark shall refer and include the respective copyright in the respective trademark RED CHIEF, (RED CHIEF LABEL) , CS (Comm) No. 01 of 2021.
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& of the plaintiff). The plaintiff's said trademark/label is well protected and enforceable within the ambit of the CR Act as well as by virtue of India's membership to the Berne Convention, the Universal Copyright Convention and the Interna- tional Copyright Order 1991. The plaintiff has invariably been using the said Label in relation to said goods and business within the meaning of and as per Section 14 of the CR Act. The artwork contained in the RED CHIEF trademark and its variants are original artwork of the plaintiff and plaintiff is owner and proprietor thereof under the provisions of CR Act, 1957. Some of the artworks are duly registered under nos. A-62559/2002, A-101202/2013, A-119948/2017, A-119947/2017, A-119946/2017, A- 119945/2017. Some of the applications for registration of artwork of trademark RED CHIEF with its variants are pending. Details of the same are being furnished on record. The plaintiff company also displays its said product under the said trademark RED CHIEF, (RED CHIEF CS (Comm) No. 01 of 2021.
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LABEL), & on the internet through its web site namely www.redchief.in and www.leayan.- com (referred to as the "said domain name"). The word RED CHIEF is the most essential part of the plaintiff's said domain name (the term said trademark/label shall refer and include the said domain name also). The said website of the plaintiff contains extensive information about the busi- ness and goods provided by the plaintiff under its said trademark RED CHIEF, (RED CHIEF LABEL), and . The screen shot of the plaintiff's said web site is being reproduced herein below:
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21.The plaintiff has further averred in the plaint that the website has hun-
dreds of thousands of visits from people looking for information on the plaintiff's innumerable and wide spectrum of business and services. The plaintiff is using the said domain name not only to display its said prod- ucts under the said trademark/label but is also using it as a tool to carry CS (Comm) No. 01 of 2021.
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out its business there under. The said domain name of the plaintiff is inter- active in nature. The plaintiff has been using the said domain name in the course of trade and as proprietor thereof globally in relation to its said goods and business and has built up a valuable trade, goodwill and reputa- tion thereunder. Since the year of adoption of the said trade mark RED CHIEF, (RED CHIEF LABEL), and the plaintiff has been continuously, commercially, openly, exclusively and to the ex- clusion of others, uninterruptedly and in the course of trade and as propri- etor thereof, using its said trade mark/label as trade mark in relation to its said goods and business and carrying on its said goods and business there under and has built up a valuable trade, goodwill and reputation there un- der and acquired proprietary rights therein. The plaintiff is the proprietor, prior and senior adopter and user of said trade mark RED CHIEF, CS (Comm) No. 01 of 2021.
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(RED CHIEF LABEL), and . The said business of said goods being carried on by the plaintiff under said trade mark RED CHIEF, (RED CHIEF LABEL), and is very extensive one and the said goods and business there under have been practically sold and distributed in major parts of the country, including within the territorial jurisdiction of this Court. The said business and goods under the said trade mark RED CHIEF, (RED CHIEF LA-
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BEL) , and of the plaintiff are identified as exclusively originating from the plaintiff's source and are identified with the plaintiff. The said trade marks have al- ready become distinctive and associated with the plaintiff and the plain- tiff's said goods and business on account of its long, continuous, exten- sive and exclusive user thereof since the year 1997. The goods and busi-
ness bearing the said trade mark RED CHIEF, (RED CHIEF
LABEL), and are
highly demanded in the markets on account of their standard quality and precision. The plaintiff maintains the highest standards of manufacture and trade of said goods and business. The plaintiff is a part of 4500 Crore diversified conglomerate, which is committed for value for money propo- sitions and credited with several innovations over last 3 decades. The sagacity to weave its business around consumer needs has conferred the plaintiff with a distinct value and identity. Efficient capital structure, cut- ting edge technology, operational discipline and a widespread distribution CS (Comm) No. 01 of 2021.
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network, have together enabled the plaintiff to deliver value to consumers. The driving force behind the plaintiff through the years has been its quest for quality and excellence. To fulfill these objectives, the plaintiff has gone for complete backward integration. It has its own tannery to supply a complete range of finished leather as well as manufacturing facilities for making sole and shoe upper, thus ensuring superior quality in every com- ponent of its products and becoming a complete shoes manufacturing company. The plaintiff is one of the biggest leather footwear manufactur- ers based in North India having a large infrastructure. The plaintiff's footwear funder the said trademark are sold across the country though its more than 135 exclusive stores. In additions thousands of dealers of footwear products sale the plaintiff's said products through their counters. Image of some of the plaintiff's exclusive store as appearing on Google image are as under:
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22.In the plaint, the plaintiff has further averred that to support its large footwear manufacturing business, the plaintiff has its own tannery capable of tanning a huge variety of high quality leathers from raw hides to fin-
ished leather. The tannery is spread over an area of 100,000 sq. ft. and produces over 40,000 sq. ft. of leather per day. All leather produced in the tannery meets stringent physical and chemical requirements, meeting the standards of REACH and CPSIA. Apart from this tannery also meets spe- cial chemical requirement as demanded by international customers. Tan- nery specializes in leather production for fashion footwears. The daily production of the plaintiff under the trademark RED CHIEF and its vari- ants is more than 6,000 pairs of leather footwear at present. With continu- ous success in market, company started exporting leather footwear glob- ally and to mark presence in international market. In totality, the plaintiff has 7 leather footwear manufacturing units spread over North India to ful- fill needs of international and domestic market, out of these, 3 units, are fully dedicated to export. Each unit is administered by highly skilled and technically qualified personal to produce high quality of Mens, Ladies and Kids Footwear for its customers in UK, USA and EUROPE. Company regularly participates in international trade exhibitions and road shows, and is a regular participant of 'Riva Del Garda' shoe fair. Plaintiff's export unit is a SA 8000 certified company by SGS and complies with all social and ethical standards. Through the years the thrust behind, the plaintiff has quest for excellent and admirable quality for its finished products. Plaintiff is very particular for its quality standards and ensures stringent control over quality by adopting latest technologies; vigilant testing of CS (Comm) No. 01 of 2021.
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raw materials; continuous on- process monitoring; array of post assemble checks etc. Quality Assurance Cell of plaintiff makes certain that the fin- ished product adheres all its QA norms and undergoes a stringent and comprehensive testing process for its physical and chemical properties in order to meet all specification with precision and accuracy. The plaintiff's R and D department has a total team of 45 people exclusively dedicated to monitor latest styling, new constructions for personal and customer spe- cific developments. The plaintiff is having a completely mechanized Re- search and Development cell which is continuously improving its techno- logical innovations in order to upgrade the ever improving quality stan- dards for providing greatest satisfaction to their customers. The R and D chamber of the plaintiff is administered by extremely qualified, skilled and competent personnel. The plaintiff group ensures and promotes regu- lar training to its R and D staff so that they are well versed in the latest technology, and are also compliant with fresh and contemporary fashion norms. The production units of the plaintiff have well equipped opera- tional laboratory, work center, with physical and chemical research labo- ratories to conduct diverse quality tests on chemicals, leather and footwear. The plaintiff also has its own CADCAM shoe design center armed with latest technology, tools and software, operated by profession- ally qualified footwear designers & technically sound staff recruited from esteemed footwear institutes. The plaintiff is fully committed to ensure safety, health and environmental safeguards right from the stage of incep- tion to execution and to secure it the plaintiff has firmly invested in waste water treatment plants, water clarifying plants, chrome recovery plants etc. The plaintiff has ensured landscaping in the interiors and exteriors of CS (Comm) No. 01 of 2021.
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the campus of its factories. The plaintiff has been approved and consid- ered by the audit procedure of various brands associated with them. The factory recruits are provided with services like, basic minimum wage standard as specified by the Government, Medical Aids prescribed by ESI schemes, pension plan for the staff etc. The plaintiff regularly conducts various programs for workers/staff to make them aware of the current so- cial security practices towards which they are eligible. The premises are constructed after consideration of security standards, medical assistance, fire protection equipment which are duly installed under the guidance of trained personnel. The Company's export division situated at Banthar, Un- nao complies with the rules of conduct and is certified by SA 8000, a re- puted ethical organization worldwide. With its non - stop familiarity and continuous achievements, the plaintiff has broadened its horizon in leather and footwear trade a d has also shown a global presence with internation- ally renowned leather footwear brands like KICKERS, BUGATTI SHOES, ZARA, H&M, PAUL and JOE SISTER, CHIPPIE, KESKO, MARKS AND SPENCER, LORENZO VINI, BATA, CATALI SHOES and others. The export unit, situated in Banthar at Unnao, is SA 8000:2008 certified and is spread over an area of 100000 sq ft with the daily footwear production capacity of over 2000 Pairs a day. The plaintiff has regularly been visiting major footwear shows and exhibitions within and across borders. It has also actively participated in global fairs like: Expo Riva Schuh in GARDA, Italy and GDS in Dusseldorf, Germany along with other national shows. The plaintiff has already built up a valu- able trade under its trademark RED-CHIEF with or without its variants (hereinafter referred to as the said trademark). The plaintiff has conducted CS (Comm) No. 01 of 2021.
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handsome business under the said trademark. Year-wise sales of the plain- tiff under the said trademark from the year 2011-12 till 2017-18 are as un- der:
YEAR SALES (In Crore)
2011-2012 148.12
2012-2013 184.41
2013-2014 236.35
2014-2015 259.10
2015-2016 264.37
2016-2017 259.78
2017-2018 257.42
23.The plaintiff has regularly and continuously been promoting its said trade-
mark and the goods and business there under through extensive advertise- ments, publicities, promotions and marketing research and has been spending enormous amounts of money, efforts, skills and time thereon. The plaintiff has been doing so through various means and modes includ- ing through visual, electronic and print media, participation in trade fairs, trade literature, hoardings, through the word of mouth etc. and all of which have tremendous reach, visibility, availability and circulation. The plaintiff's footwear products under the impugned trademark are advertised in magazines of various Airlines like Indigo, Jet Airways, Spice Jet etc. Well known cricketer Mr. Virat Kohli is the brand ambassador of the plaintiff's subject matter product with whom the agreement for advertise- ment was made in the year, 2011. Year-wise advertisement expenses of the plaintiff under the said trademark from the year 2011-12 till 2017-18 are as under:
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YEAR Advertisement and Sales
Promotion Expenses (In
Crore)
2011-2012 12.75
2012-2013 17.30
2013-2014 14.53
2014-2015 17.48
2015-2016 30.50
2016-2017 21.82
24.The said trademark RED CHIEF, (RED CHIEF LABEL),
and have already
become a distinctive indicium of the plaintiff and the plaintiff's said busi- ness and goods there under. The purchasing public trade and public at large associates, identifies and distinguishes the said trademark with the plaintiff and the plaintiff's said goods and business alone. The plaintiff contends that the said trademark RED CHIEF, (RED CHIEF CS (Comm) No. 01 of 2021.
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LABEL) , and has acquired secondary significance denoting the said goods and business of the plaintiff and are recognized with the plaintiff's source alone. The same has become synonymous with the goods and business of the plaintiff. The plaintiff's said trademark RED CHIEF, (RED CHIEF LABEL) , & are well known Trade Marks within the meaning of Section 2(1) (zg) of the TM Act, 1999. The said trademark RED CHIEF and the RED CHIEF LABEL in- corporating the unique geometric pattern, having the word "Red" tran- scribed in white on a red background in the upper-third section and word "Chief" transcribed in white on a blue background in the lower-third sec- tion, with Device of a Red-Indian Chieftain being placed in the middle, are the most prominent and valuable trade mark/label of the plaintiff. The plaintiff is the proprietor of the same including in its goodwill and reputa- tion under the statutory and common law. The plaintiff's said goods and business are known, recognized, demanded, sold and traded with refer-
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ence to its trademark RED CHIEF, (RED CHIEF LABEL) ,
& . The members of
the trade, the consumers and general public at large are well aware of the plaintiff's said trademark and the plaintiff's said goods and business there under. The business and goods under the said trademark/label are distinc- tive indicia of the plaintiff and have acquired secondary significance. The said trademark of the plaintiff namely RED CHIEF, (RED CHIEF LABEL), and also has strong goodwill and reputation in India within the meaning of Section 29 (4) of the TM Act. The plaintiff has CS (Comm) No. 01 of 2021.
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been extremely vigilant in protecting the right in the said trademark/label. The plaintiff has been taking various civil as well as criminal actions against the various pirates and has also taken various injunction orders in its favour. Plaintiff is the owner and proprietor of the said trademark RED CHIEF, (RED CHIEF LABEL), and in relation to said goods and business both under the statutory as well as under the com- mon law. In view of the plaintiff's proprietary rights (both statutory as well as common law rights) in the said trademark RED CHIEF, (RED CHIEF LABEL), and CS (Comm) No. 01 of 2021.
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, its goodwill and reputation, the plaintiff has the ex- clusive rights to the use thereof. The said trademark/label of the plaintiff is a well known trademark having strong goodwill and reputation in India, and nobody can be permitted to use any trademark/label, identical with or deceptively similar to said trademark/label of the plaintiff in any manner whatsoever in relation to any specification of goods without the leave and license of the plaintiff.
25.The plaintiff has further averred that the defendant number 1 (as per memo of parties) is engaged in manufacturing, marketing, trading, solicit-
ing and selling of shoes and footwear and related and cognate products (referred to as "the impugned goods" and "impugned business"). The plaintiff is not aware of the exact composition of the defendant as to whether he is running his business as in his individual capacity or as pro- prietary firm or as a partnership firm or as a company. He is called upon to disclose the same upon causing appearance before this Court. The de- fendant number 1 is shown as "Ashok Kumar" following the "John Doe orders" whereby the Court appointed commissioner retains the power to visit the premises of members of an ascertained class likely to infringe or infringing and satisfy himself as to nature of infringing activities.
26.The plaintiff has further averred that the defendant number 2 is an e-com-
merce platform company and has been impleaded as performa party for the purposes of executing the orders of this Court and the directions re- CS (Comm) No. 01 of 2021.
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quired against them are limited to the purpose as prayed under para 49 (C) of the plaint.
27.The defendant number 1 has started using the trade mark 'RED CHEIF' (herein after referred to as the 'impugned trademark'), which is identical/ deceptively similar as those of the plaintiff's said trademark in relation to impugned goods and business. The defendant has very cunningly and craftily using the word 'CHIEF' as 'CHEIF' along with the word 'RED', in order to trade upon the goodwill of the plaintiff. The true representation of impugned trademark/label of the defendant is filed herewith.
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(IMPUGNED TRADEMARK OF THE DEFENDANT)
28.The defendant number 1 has started using the platform as provided by the defendant number 2 for listing and selling of the impugned trademark. The impugned goods bearing the impugned trademark of the defendant number.1 is available on the Weblink/URL/webpage https://www.flip- kart.com/red-cheif-genuine-leather-formal-shoes-derby-men/p/it- m34c147098bcd4?pid=SHOFWYZ9RZ7SGPHA&cmpid=produc- t.share.pp (hereinafter referred to as "Impugned "Weblink/URL/webpage"). The screenshot of the aforesaid impugned webpage/weblink/URL are as follows:
29.The impugned trademark RED CHEIF adopted and being used by the de-
fendant number 1 in relation to its impugned goods and business, are identical/ deceptively similar to the plaintiff's said trade mark RED CHIEF (word) in each and every respect including phonetically, visually, CS (Comm) No. 01 of 2021.
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structurally, in its basic idea and in its essential features. The defendant number 1 has adopted the impugned trademark only with a view to trade upon the tremendous goodwill and reputation of the plaintiff's said trade- mark/label. The said trademark/label of the plaintiff has strong goodwill and reputation in India and the use of the impugned trademark by the de- fendant number 1 in relation to impugned goods and business amounts to unfair advantage of and is detrimental to, the distinctive character and re- pute of the said trademark/label of the plaintiff. The modus operandi of the defendant number 1 is that the defendant number.1 manufactures trades and sells inferior shoes and footwear which are replica of the plain- tiff's high quality shoes and footwear. To bring close intimation of his in- ferior goods, the defendant number 1 gives to his inferior shoes as close appearance as that of the plaintiff's high quality shoes in terms of shape, colour, design and look. The defendant number 1 to concede his fake RED CHEIF shoes as that of the plaintiff dishonestly and sells then in exactly similar wrapper as that of the plaintiff giving details of the plaintiff which make the consumers and traders very difficult to distinguish the defen- dant's fake inferior products from the high quality products of the plain- tiff. The defendant number 1 is not the proprietor of the impugned trade- mark and has adopted and is so using the same as a trademark in relation to its impugned goods and business and are otherwise dealing with it in the course of trade without the leave and license of the plaintiff. The de- fendant number 1 has no right to use it in any manner in relation to its im- pugned goods and business or for any other specification of goods and business whatsoever being in violation of the plaintiff's rights therein. The dishonesty of the defendant number 1 is apparent from bare perusal of CS (Comm) No. 01 of 2021.
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trademark of both the parties. By its impugned adoption and user of the impugned trade mark the defendant is:
a. infringing the plaintiff's registered trademark/label [as stated above].
i. passing off and enabling others to pass off his goods and business as that of the plaintiff. The defendant number 1 is thus thereby violating the plaintiff common law rights in the plaintiff said trade mark/label.
b. infringing the plaintiff Copyright in the said trade mark/artistic work/label/trade dress by inter alia using, publishing, reproducing and otherwise commercially and for the purposes of trade using the impugned identical with and deceptively similar impugned trade mark respectively for the purposes of its impugned goods and busi- ness as also passing off the plaintiff's common law rights therein, c. diluting the plaintiff's goodwill and reputation to well known trademark/label RED CHIEF and RED CHIEF LABEL. d. violation of plaintiff's right in the said domain name namely www.redchief.in.
e. besides, the defendant number 1 is further guilty of falsification and unfair and unethical trade practices.
30.The defendant number 1 is not the proprietor of the impugned trademark and have adopted and are so using the same as a trademark in relation to its impugned goods and business and are otherwise dealing with it in the course of trade without the leave and license of the plaintiff. The defen- dant number.1 has no right to use it in any manner in relation to its im-
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pugned goods and business or for any other specification of goods and business whatsoever being in violation of the plaintiff's rights therein. The dishonesty of the defendant number 1 is apparent from bare perusal of trademark of both the parties. The defendant number 1 by their impugned adoption and user of the impugned trademark is violating the Plaintiff's aforesaid trademark/label RED CHIEF, (RED CHIEF LABEL) and and thereby passing off and en-
abling others to pass off their goods and business as that of the plaintiff as well as diluting the plaintiff's proprietary rights therein. The defendant number 1 is further infringing and violating the plaintiff's aforesaid copy- rights. The defendant number 1 cannot even be exonerated from the charges of falsification, unfair and unethical trade practices. The defen- dant number 1's impugned trademark are false trade description within the meaning of relevant Section of 2(1) (i) read with Section 103 of the TM Act, 1999. The dishonesty of the defendant number 1 is apparent from bare perusal of the trademark of both the parties. The defendant number 1 is fully aware or ought to be aware of the plaintiff's rights, goodwill, repu- tations, benefits and users etc. in the plaintiff's said trademark/label RED CHIEF and RED CHIEF LABEL at the time of impugned adoption and use of the impugned trademark. The resemblance between the rival Trade CS (Comm) No. 01 of 2021.
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Marks is so close that it can hardly occur except by deliberate imitation. The defendant number 1 is called upon to explain as to how they hit upon the impugned trademark. The defendant number 1's impugned adoption and user thereof is tainted at inception and is a pirate use. The impugned adoption of the impugned trademark by the defendant number 1 is dishon- est. The defendant number 1 has adopted and started using the impugned trademark dishonestly, fraudulently and out of positive greed with a view to take advantage and to trade upon the established goodwill, reputation and proprietary rights of the plaintiff in the plaintiff's said trademark/label RED CHIEF and RED CHIEF LABEL. The impugned goods of the de- fendant number 1 under the impugned trademark are of sub standard and of poor quality. Because of the impugned user, the tremendous goodwill and reputation of the plaintiff's said trademark is being seriously diluted and eroded. By the defendant's impugned adoption and use, deception and confusion in the market is ensuing and is further likely to so ensue. The plaintiff's said trademark/label RED CHIEF and RED CHIEF LA- BEL is otherwise being eclipsed by the impugned trademark. Any person not knowing clearly the relationship between the parties to this action is bound to be confused by the defendant number1's impugned adoption and use and might well do business with the defendant number 1 thinking that he is dealing with the plaintiff or that some strong, vital and subtle links exist between the plaintiff and the defendant. Due to the impugned activities, the confusion and deception is being ensued/likely to be ensued in the market and trade. The defendant number 1 is guilty of violating the common law rights of the plaintiff in the said trademark/label RED CHIEF and RED CHIEF LABEL. Due to the defendant number 1's im-
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pugned activities, the plaintiff is suffering tremendously in business and goodwill and the plaintiff's said proprietary rights are being reduced to nullity and being violated. The gains of the defendant number 1's are losses of the plaintiff. The innocent purchasers are being deceived and ir- reparable loss and serious mischief is being caused to the plaintiff and to the consuming public at large. The loss to the plaintiff cannot be calcu- lated in terms of money nor can it be so compensated. The plaintiff has no access to the defendant No.1's accounts and the defendant number 1 is liable to render their accounts to the plaintiff and to make good to the plaintiff the profits and business earned by them. Besides this, the defen- dant number 1 is liable to pay damages to the plaintiff.
31.In the last week of December, 2020, the plaintiff came across the im-
pugned goods of the defendant number 1 under the impugned trade mark. Being aggrieved of the impugned adoption, the plaintiff launched inquires through the trade to ascertain the defendant' number 1's activities under the impugned trademark, which revealed that the defendant number 1 has very recently started the impugned activity under the impugned trade- mark. The defendant number 1's user thereof (if any) at most would be clandestine, surreptitious, sporadic, restricted, minimal and very recent, making it very difficult to detect and verify the precise nature of the de- fendant number 1's activities. The defendant number.1's impugned user, if any, is void-ab-initio. The defendant number 1 is indulging in the im- pugned activity under the impugned trademark on a daily and continuous basis and as such the cause of action is a continuous one and shall con-
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tinue to so accrue on daily basis till such time the defendant ceases with its impugned activities under the impugned trademark.
32.The plaintiff, in its prayer in the plaint, has prayed for:-
A. a decree of permanent injunction restraining the defendant number 1 by itself/themselves as also through its/their proprietors, promoters, retailers, C and F Agents, individual partners and directors (if any), agents, servants, assignees, representatives, successors, distributors and all others acting for and on their behalf from using, manufacturing, selling, offering for sale, advertising or displaying (including in audio, print, visual media or otherwise), directly or indirectly or dealing in any other manner or mode in the impugned trademark RED CHEIF, with identical/ deceptively similar placement and lettering style (referred to as the impugned Trade Mark) as those of the plaintiff's said trademark/ label or any other trademark/label identical with and/or deceptively similar thereto in relation to their impugned goods and business of manufacturing and marketing of shoes and footwear and from doing any act amounting to or resulting in:
(i). Infringement of said registered trademarks/labels of the plaintiff
(ii). Passing off and violation of the plaintiff's common law rights in said trademark/label RED CHIEF and RED CS (Comm) No. 01 of 2021.
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CHIEF LABEL.
(iii). Infringement of registered copyrights of the plaintiff.
(iv). Violation of plaintiff's right in the said domain name namely www.redchief.in.
(v). Dilution of plaintiff's goodwill and reputation to well known trademark/label RED CHIEF and RED CHIEF LABEL.
(vi). Falsification and unfair and unethical trade practices.
B. For restraining the Defendant number 1 from using the impugned weblink/Webpage/URL https://www.flipkart.com/red- cheif-genuine-leather-formal-shoes-derby-
men/p/itm34c147098bcd4?
pid=SHOFWYZ9RZ7SGPHA&cmpid=product.share.pp and from selling impugned goods through the said impugned website immediately.
C. For an order directing the defendant number 2 to permanently take down, suspend, remove, cancel or block/restrict access to the impugned weblink/Webpage/URL https://www.flipkart.com/red- cheif-genuine-leather-formal-shoes-derby-
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men/p/itm34c147098bcd4?
pid=SHOFWYZ9RZ7SGPHA&cmpid=product.share.pp of the defendant number 1 and to further direct the defendant number 2 to disclose the true identity and/or contact details of the defendant number 1 for the purpose of compliance of the Orders of this Court.
D. Restraining the defendant number 1 from disposing of or dealing with its assets including its premises at defendant number 1 including its stocks in trade and such other assets as may be brought to the knowledge of this Court during the course of the proceedings and on its ascertainment by the plaintiff and disclosed by the defendant No.1, as the plaintiff is not aware of the same, as per Section 135 (2)(c) of the Trade Marks Act 1999 as it would adversely effect the plaintiff's ability to recover costs and accounts of profits.
E. For an order for delivery up of all the defendant number 1's impugned goods and business bearing the impugned trade mark including packing material, carton boxes, carry bags, finished and unfinished goods, boxes, stickers, blocks, dies or any other incriminating material including display boards and sign boards and trade literature to the plaintiff for the purposes of destruction and erasure.
F. For an order for rendition of accounts of profits earned by the CS (Comm) No. 01 of 2021.
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Defendant number 1 by their impugned illegal trade activities and a decree for the amount so found in favour of the plaintiff on such rendition of accounts.
G. For an order for cost of the proceedings;
H. For such order and further relief (s) as this Court may deem fit and proper in the facts and circumstances of the case.
33.In terms of the judgments of the hon'ble High Court of Delhi in Parsvanath Developers Ltd v. Vikram Khosla, CS Comm No. 618 of 2019 and C.M No. 8431 of 2020, decided on 03.03.2021, 2021 SCC On- line DEL 3147 and Merck Sharp and Dohme Corp. v. Mr.Munish Thakur, 2017 SCC Online Del 11226, the ex parte evidence has not been recorded, as elaborated in the order dated 15.12.2021. It was observed that where the plaint has been verified and also supported with the affidavit/statement of truth on behalf of the plaintiff and the defendants having being proceeded ex-parte, no purpose would be served if the plain- tiff is directed to lead ex-parte evidence. Arguments are to be addressed straightway and the judgment is to be passed on the basis of the material on record.
34.I have heard the arguments at length and have given my careful thought and prolonged consideration to the material on record, relevant provisions of law and the precedents on the point.
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35.The copies of legal proceeding certificates have been annexed with the plaint at page no. 118 onwards.
36.I have also carefully perused the certificate of fees and the certificate of expenses filed on behalf of the plaintiff.
37.The defendant number 1, being ex parte, has not filed his written state-
ment along with statement of truth, affidavit of admission and denial of documents as well as his own documents within the stipulated period of 30 days from his service and even upto 120 days from the date of his ser- vice along with an application for condonation of delay.
38.The averments made in the plaint (which is supported with the affidavit and statement of truth) remain uncontroverted, unrebutted and unchallenged and can be presumed to be admitted as correct, as the defendant number 1, who is ex parte, failed to appear before the Court, failed to file his written state- ment along with statement of truth, affidavit of admission and denial of doc- uments of the plaintiff and failed to file his own documents as well as any application for condonation of delay within the stipulated period from the date of his service. The defendant number 1 has failed to contest the case or put up any defence.
39.As such, the Court shall be within its discretion to pronounce the judg-
ment against such defendant which is as per law under order VIII rule 10 of the CPC which reads as follows:
" In case the defendant fails to present the written statement CS (Comm) No. 01 of 2021.
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within the time permitted or fixed by the Court, the court shall pronounce judgment and on the pronouncement of such judgment a decree shall be drawn".
40.There is no reason to disbelieve the averments made in the plaint and the relevant documents which have been filed along with the plaint. The contents of the plaint and documents on record appear to be of an unimpeachable character. This appears to be a clear case of negligence and inaction on part of the defendant number 1 as he failed to appear before the Court and contest the case.
41.The averments made in the plaint remain uncontroverted, unrebutted and unchallenged as the defendant number 1, who is ex parte, failed to appear before the Court and contest the case. All the relevant documents have been filed along the plaint.
42.As regards the prayer elaborated in paragraph number 49 (A), (B), (C), (D) and (E) of the plaint, the plaintiff has been able to show with the contents of the plaint, documents annexed, video, etc. that it is entitled to a decree of permanent and mandatory injunction against defendant number 1.
43.As regards the prayer elaborated in paragraph number 49 (G) of the plaint, the cost of the proceeding i.e. attorney fees and expenses of the suit are being taken into consideration.
44.As regards the prayer elaborated in paragraph number 49 (F) of the plaint regarding rendition of accounts of profits earned by the defendant no.1 are concerned, the same is not pressed and has been disposed off CS (Comm) No. 01 of 2021.
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accordingly, as elaborated in today's order sheet i.e. 01.07.2022.
45.Consequently, this commercial case is hereby decreed in favour of the plaintiff and against the defendant number 1 in terms of the prayer, as elaborated in paragraph number 49 (A), (B), (C), (D) and (E) of the instant suit.
46.Further, towards the costs and expenses, as the certificate of fees for an amount of Rupees Two Lacs and Ten Thousand only (Rs.2,10,000/-) has been filed on behalf of the plaintiff, the defendant number 1 is also liable to pay the fees of the counsel for the plaintiff, as per the provisions regarding the fees of the counsel, as provided in the High Court of Delhi Rules.
47.Also, towards the costs and expenses, as the certificate of expenses for an amount of Rupees Five Thousand, Four Hundred and Forty One only (Rs.5,441/-) has been filed by the plaintiff, the defendant number 1 is also liable to pay the same i.e.Rupees Five Thousand, Four Hundred and Forty One only (Rs.5,441/-).
48.Accordingly, the case is hereby decreed in favour of the plaintiff and against the defendant number 1 in terms of the prayer, as elaborated in paragraph number 49 (A), (B), (C), (D) and (E) of the instant suit; along with costs and expenses i.e. the fees of the counsel for the plaintiff, as provided in the High Court of Delhi Rules as well as Rupees Five Thousand, Four Hundred and Forty One only (Rs.5,441/-).
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49.The defendant number 1 is liable to make the payment of the above stated amounts in favour of the plaintiff.
50.The decree sheet be prepared accordingly. The prayer, as elaborated in paragraph number 49 (A), (B), (C), (D) and (E) of the plaint shall also be part of the decree sheet.
51.In compliance to the provisions of Order XX Rule 1 of the Code of Civil Procedure (as amended up to date by the Commercial Courts Act, 2015), a copy of the judgment be issued to both the parties to the dispute through electronic mail, if the particulars of the same have been furnished or otherwise.
52.After completion of formalities, the Junior Judicial Assistant/Ahlmad of the Court shall consign the file to the record room.
Announced in the open Court (NIVEDITA ANIL SHARMA) on this 01st day of July, 2022. District Judge Commercial Court-01, Shahdara, Karkardooma Courts, Delhi. 01.07.2022.
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Leayan Global Private Limited v. Mr. Pawan Rajput Trading as Vijaya E-Com World and another -:: Page 48 of 48 ::-