Delhi High Court - Orders
Sunil Mittal & Anr vs M/S Darzi On Call on 7 October, 2022
Author: Jyoti Singh
Bench: Jyoti Singh
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1381/2016
SUNIL MITTAL & ANR. ..... Plaintiffs
Through: Mr. Amit Tomar and Mr. Sudhir
Balyan, Advocates.
versus
M/S DARZI ON CALL ..... Defendant
Through: Mr. Sidhant Goel and Mr. Abhishek
Kotnala, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 07.10.2022
1. Learned counsels appearing on behalf of the parties jointly submit that the appeal is still pending before the Division Bench and is next listed on 13.10.2022, however, they further submit that matter can proceed for framing of issues.
2. In view of the above, with the consent of the parties following issues are framed:-
1. Whether the use by the Defendant of the DARZI ON CALL trademark constitutes infringement of the Plaintiffs' registered trademarks? OPP
2. Whether the use by the Defendant of the DARZI ON CALL trademark constitutes passing off the Plaintiffs' goods/services? OPP
3. Whether the word 'DARZI' is distinctive of the Plaintiffs' goods/services? OPP
4. Whether the suit ought to be dismissed on account of material suppression/concealment by the Plaintiffs of material facts? OPD
5. Relief, if any.CS(COMM) 1381/2016 Page 1 of 2 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:11.10.2022 18:32:38
3. Let list of witnesses and affidavit of evidence be filed by the Plaintiffs within a period of six weeks from today. The Defendant shall also file its list of witnesses and affidavit of evidence within a period of six weeks thereafter.
4. List before the learned Joint Registrar on 01.12.2022 for further proceedings.
JYOTI SINGH, J OCTOBER 07, 2022/rk CS(COMM) 1381/2016 Page 2 of 2 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:11.10.2022 18:32:38