Delhi High Court - Orders
International Business Machines ... vs Tivoli Gardens & Anr on 11 August, 2025
$~36
* IN THEHIGH COURTOF DELHIAT NEW DELHI
+ C.A.(COMM.IPD-TM) 45/2025 & IA No.19415/2025
INTERNATIONAL BUSINESS
MACHINES CORPORATION .....Appellant
Through: Mr. Peeyoosh Kalra, Mr. C.A. Brijesh
& Ms. Simranjot Kaur, Advocates.
Versus
TIVOLI GARDENS & ANR. .....Respondents
Through: Mr.Sharvan Bansal & Mr. Indraneil
Choudhary, Advs. for R-1.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 11.08.2025 IA No.19416/2025
1. Exemption is allowed, subject to all just exceptions.
2. The Application is disposed of.
C.A.(COMM.IPD-TM) 45/2025
3. The Appellant has filed the present Appeal under Section 91 of the Trade Marks Act, 1999 ("the Act") impugning the order dated 23.04.2025 passed by the Respondent No. 2 ("Impugned Order"). Vide the Impugned Order, the Respondent No.2 has allowed the Interlocutory Petition submitted by Respondent No.1 under Rule 45 of the Trade Marks Rules, 2017 ("the Rules") and granted time to Respondent No. 1 to place on record Reliance Letter dated 09.03.2022 and also to take the evidence on record under Rule 45(1) of the Rules.
4. Issue Notice.
5. The learned Counsel for the Respondent Nos.1 and 2 accept Notice.
6. The arguments of learned Counsel for the Appellant and the learned 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 13/08/2025 at 22:40:53 Counsel for Respondent No.1 are heard.
7. At the request of learned Counsel for the Appellant and the learned Counsel for Respondent No. 1, let Written Submissions along with all the case laws relied upon therein be filed within a period of ten days from date. The Respondent No.2 shall also file an affidavit providing the proof of service of Notice dated 08.07.2019 sent to Respondent No. 1 within a period of one week.
8. List for further proceedings on 26.08.2025.
TEJAS KARIA, J AUGUST 11, 2025 'gsr' 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 13/08/2025 at 22:40:53