Parle Products Private Limited vs Intercontinental Great Brands Llc on 7 March, 2023

[Cites 0, Cited by 0]

Delhi High Court - Orders

Parle Products Private Limited vs Intercontinental Great Brands Llc on 7 March, 2023

Bench: Manmohan

                              $~S-11
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    FAO(OS) (COMM) 38/2023, CAV 110/2023 & CM APPLs.8869-
                                   8870 and 8872/2023

                                   PARLE PRODUCTS PRIVATE LIMITED                         ..... Appellant
                                                      Through:      Mr.Amit Sibal, Sr.Advocate with
                                                                    Mr.J.Sai Deepak, Mr.N.K.Bhardwaj,
                                                                    Ms.Anju Agarwal, Mr.Bikash Ghorai,
                                                                    Mr.Deepak     Panwar,    Mr.Rahul
                                                                    Maratha and Ms.Kashima Chadha,
                                                                    Advocates.

                                                      versus


                                   INTERCONTINENTAL GREAT BRANDS LLC                    ..... Respondent
                                                      Through:      Mr.Chander M.Lall, Sr.Advocate with
                                                                    Ms.Nancy Roy, Ms.Jyotideep Kaur,
                                                                    Ms.Prakriti Varshney, Ms.Renuka
                                                                    Rajan,      Ms.Aastha      Kakkar,
                                                                    Mr.Prashant, Ms.Nida Khanam and
                                                                    Ms.Ananya Chugh, Advocates.

                                   CORAM:
                                   HON'BLE MR. JUSTICE MANMOHAN
                                   HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                      ORDER

% 07.03.2023 CM APPL. 8871/2023 (exemption) Allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.03.2023 17:57:19

FAO(OS) (COMM) 38/2023, CAV 110/2023 & CM APPLs.8869-8870 and 8872/2023 Present appeal has been filed challenging the order dated 10th February, 2023 passed by the learned Single Judge of this Court in I.A. No.1803/2021 in CS(COMM) 64/2021, whereby the appellant-defendant was restrained from using the marks "FABIO" and "Fab!o" for any purpose.

Learned senior counsel for the appellant-defendant states that the learned Single Judge has failed to appreciate that the trademarks "FABIO" & "FABO" (both registered) and "Fab!o" (unregistered) of the Appellant are completely different from the Respondent-plaintiff's trademark "OREO".

Today in Court, learned senior counsel for the appellant-defendant, has handed over an affidavit dated 6th March, 2023. The same is taken on record. In the said affidavit, it is stated that the appellant-defendant has saleable stock worth Rs. 199.13 lakhs of its Fab!o biscuits in packaged condition lying at the manufacturing units and with C&F agents throughout India.

Issue notice. Ms.Nancy Roy, learned counsel for the respondent- plaintiff, accepts notice. She states that the respondent-plaintiff is in the process of filing a cross-appeal with regard to the cookie design arising out of the same impugned order, which is likely to be listed early next week.

Learned counsel for the respondent-plaintiff is directed to file a reply affidavit, if any, within a week. Rejoinder affidavit, if any, be filed before the next date of hearing.

Keeping in view the fact that biscuits involved herein are a perishable commodity, the impugned injunction order is varied to the extent the Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.03.2023 17:57:19 appellant-defendant is permitted to sell the finished stock-in-hand mentioned in the affidavit dated 6th March, 2023.

List on 27th March, 2023.

MANMOHAN, J SAURABH BANERJEE, J MARCH 7, 2023 TS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.03.2023 17:57:19

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders