Delhi High Court - Orders
Shrikant Pandey vs Fanzineindia Media Private Limited & ... on 20 March, 2024
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 461/2024 & CM APPL. 17313/2024
SHRIKANT PANDEY ..... Petitioner
Through: Ms. Bhavana Arora, Ms. Shreya
Gagneja & Mr. Harish Kumar, Advs.
M: 8285202359
Email:
[email protected]
versus
FANZINEINDIA MEDIA PRIVATE LIMITED
& ORS. ..... Respondents
Through: None
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 20.03.2024 CM APPL. 17313/2024 (For Exemption)
1. Exemption allowed, subject to just exceptions.
2. Application is disposed of.
CONT.CAS(C) 461/2024
3. The present petition has been filed alleging willful disobedience of the orders dated 22nd February, 2023 and 05th October, 2023 passed in CS (COMM) No. 496/2022 passed by the District Judge (Commercial)-02, Dwarka Courts, New Delhi.
4. Learned counsel appearing for the petitioner submits that by order dated 22nd February, 2023, the Court had passed an order in application under Order XXXIX Rule 1 and 2 in favor of the petitioner herein and against the respondents, wherein directions were issued in the following manner:
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 22/03/2024 at 09:48:48 "XXX XXX XXX
15. In the light of above discussion, it has been found that the plaintiff has made out a, prima facie, case in his favor being prior user and registered trademark proprietor. Accordingly, balance of convenience lies in his favor. In case the interlocutory injunction is not granted in favor of the plaintiff, irreparable loss may accrue to him.
Accordingly, the present application moved by the plaintiff U/o XXXIX Rule 1 & 2 CPC stands allowed and defendants and their agents/ representatives/ distributors/assigns/heirs, on-line promoter, advertisement agent/channel partners etc. are restrain from using, selling, soliciting, exporting, displaying, advertising etc., the impugned trademark/label/packaging/ trade dress 'The CEO Story, Story Behind Success' or any other trademark, trade name identical or deceptively similar to the plaintiff's trademark 'The CEO Magazine' or "ceomagazine" till disposal of the suit. The observations and findings in the present order shall not affect the final disposal of the matter. The application stand disposed off accordingly.
XXX XXX XXX"
5. Learned counsel appearing for the petitioner has also drawn the attention of this Court to the order dated 05th October, 2023, wherein the parties had settled the matter. The order dated 05th October, 2023 reads as under:
"CS (Comm) No. : 496/2022 Shrikant Pandey Vs. Fanzineindia Media Pvt. Ltd. And Ors.
05.10.2023 Present: Plaintiff with associate counsel Ms. Bhavana Arora for Counsel Sh. Harish Kumar.
Defendant no.1 Sh. Abhishek Kumar for himself as well as for Defendant no.2 with associate counsel Sh. Madhup Kumar Tiwari for counsel Sh. Mukesh Kumar.
Matter stands settled between the parties. Settlement deed Ex. C-1 has also been signed by both the parties today in the court. Joint Statement of both the parties recorded to this effect.
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 22/03/2024 at 09:48:48 In view of the settlement, present matter stands disposed off as settled. In case of non-compliance of the terms of settlement by the defendants, they shall be liable for all the consequences in execution and also for contempt of court proceedings against them.
File be consigned to record room after completion of requisite formalities.
(SAVITA RAO) District Judge (Commercial-02) Dwarka Courts, New Delhi/05.10.2023"
6. It is submitted that despite the aforesaid settlement and directions, the petitioner on 04th February, 2024 found that the respondents are still using the impugned trademark, i.e., "THE CEO STORY" and its domain name www.theceostory.in for advertisement purposes indirectly with the new getup.
7. Learned counsel appearing for the petitioner submits that from the LinkedIn, pinterest and google search engine, it is evident that the respondents are still using the impugned mark "THE CEO STORY" under the domain name www.theceostory.in.
8. Learned counsel, thus, submits that the respondents are still running the LinkedIn page in the name of 'THE CEO STORY' by adopting different presentation, which was initiated after the compromise deed 05th October, 2023.
9. Issue notice to the respondents by all modes.
10. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
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 22/03/2024 at 09:48:50
11. Re-notify on 15th July, 2024.
MINI PUSHKARNA, J MARCH 20, 2024/kr 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 22/03/2024 at 09:48:51