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The Polo/Lauren Company L.P vs M/S Embassy Apparel And Ors on 9 December, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~13
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      C.O.(COMM.IPD-CR) 782/2022
                                 THE POLO/LAUREN COMPANY L.P                 ..... Petitioner
                                              Through: Mr. Pankaj Kumar, Advocate.

                                                     versus

                                 M/S EMBASSY APPAREL AND ORS                               ..... Respondents
                                              Through: None.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                                     ORDER

% 09.12.2022

1. Petitioner-company, which is in the business of apparel, accessories etc., claims to be the bona fide prior user and adopter of the Trade Mark 'POLO' since 1967. Subsequently, it has been using the same as a formative mark for various word marks per se and in stylized manner in conjunction with other marks/words and with the device of 'polo player', and has over 47 registrations in its favour.

2. Petitioner claims that Respondent No. 1 has dishonestly gotten the impugned artistic work " " registered as a copyright, as it is identical to the Petitioner's family of marks,.

3. Issue notice to the Respondents, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.

4. List before the Joint Registrar for completion of service and pleadings on 13th February, 2023.

5. List before the Court on 17th May, 2023.

SANJEEV NARULA, J DECEMBER 9, 2022/as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:10.12.2022 11:30:34