Inter Ikea Systems Bv vs Br Retail India Private Limited And Anr on 20 December, 2022

[Cites 2, Cited by 0]

Delhi High Court - Orders

Inter Ikea Systems Bv vs Br Retail India Private Limited And Anr on 20 December, 2022

1. This suit alleges infringement, by the defendants, of the plaintiffs' registered word marks and device marks, 'IKEA/ ' by usage of the mark . The specific registrations relevant to the present suit are reproduced thus:

                            S.No.            Registration      Trademark          Class
                                             No.
                            1.               2499130           IKEA               7
                            2.               2499131           IKEA               9
                            3.               343317            IKEA               20

Signature Not Verified
Digitally Signed
By:KAMLA RAWAT CS(COMM) 882/2022                                                          Page 1 of 5
Signing Date:22.12.2022
15:01:07
                          4.               1523574                                 20

                         5.               1523584                                 20
                         6.               616434                                  20
                         7.               1523563             IKEA                21
                         8.               2750192                                 21


                         9.               2946194                                 9, 16, 19, 20,
                                                                                  21, 24, 35
                         10.              1523564             IKEA                42
                         11.              1523580                                 42

2. The plaint is accompanied by an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking ad interim reliefs.

3. At the very outset of proceedings, Mr. Rohan Rohatgi, learned Counsel for the defendants, submits on instructions that the defendants undertake not to use the impugned TIKEA/ word or device marks, in any fashion and also to withdraw the applications filed with the registry of the trademarks for registration of the said marks.

4. In that view of the matter, let the plaint be registered as a suit.

5. Issue summons in the suit. Summons are accepted by Mr. Rohan Rohatgi.

Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 882/2022 Page 2 of 5 Signing Date:22.12.2022 15:01:07

6. Written statement accompanied by affidavit of admission and denial of documents filed by the plaintiff be filed within 4 with advance copy to learned Counsel for the plaintiff who may file replication thereto accompanied by affidavit of admission and denial of documents filed by the defendant within 4 weeks thereof.

7. List before the Court on 27th February 2023.

I.A. 21628/2022 (u/s. 151 seeking exemption from serving suit paper book to defendants)

8. Mr. Rohan Rohatgi has entered appearance, this application does not survive for consideration and is disposed of as such.

I.A. 21627/2022 (u/s. 151 seeking exemption from filing originals, clear copies)

9. Subject to the plaintiff filing clear copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present, application is disposed of.

I.A. 21626/2022 (Under Order XI Rule 1(4) seeking leave to file additional documents)

10. The plaintiff is permitted to place additional documents on record in accordance with the protocol envisaged by Order XI Rule 1(4) of the CPC as amended by the Commercial Courts Act within 30 days.

I.A. Signature Not Verified 21625/2022 (u/s. 12A seeking exemption from pre-institution Digitally Signed By:KAMLA RAWAT CS(COMM) 882/2022 Page 3 of 5 Signing Date:22.12.2022 15:01:07 mediation)

11. In view of the facts and circumstances of the present case, and as learned Counsel for defendant has entered appearance, the requirement of pre-institution mediation is dispensed with. This application is allowed accordingly.

I.A. 21624/2022 (Under Order XXXIX Rules 1 & 2 )

12. Issue notice returnable on 27th February 2023.

13. Notice is accepted on behalf of the respondent by Mr.Rohan Rohatgi.

14. Reply, if any, be filed within a period of four weeks with advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, within a period of four weeks thereof.

15. Till the next date of hearing, the defendant shall stand injuncted from using the impugned TIKEA/ or any other deceptively similar mark on any goods or services, in any manner which would amount to infringement and passing off of the plaintiff's registered IKEA trademarks.

16. The defendant is also directed to ensure that no infringing material is uploaded on the website www.tikea.in and that, if any material which infringes the plaintiff's registered word and device marks is contained on any third party websites, the defendants take steps to have the said Signature Not Verified material taken down by communicating with such websites. He is also Digitally Signed By:KAMLA RAWAT CS(COMM) 882/2022 Page 4 of 5 Signing Date:22.12.2022 15:01:07 directed to ensure that status quo is maintained with respect to the ownership of the domain name www.tikea.in till the next date of hearing.

C.HARI SHANKAR, J DECEMBER 20, 2022/AR Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 882/2022 Page 5 of 5 Signing Date:22.12.2022 15:01:07

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Delhi High Court - Orders