Delhi High Court - Orders
Aiwa Co Ltd vs Aivva Enterprises Private Limited & Ors on 1 August, 2024
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 606/2022
AIWA CO LTD. .....Plaintiff
Through: Ms. Ekta Sarin, Advocate with Mr.
Akshay Bhardwaj and Ms. Ananya
Jain, Advocates
versus
AIVVA ENTERPRISES PRIVATE LIMITED & ORS.
.....Defendants
Through: Mr. Deepak Shrivastava, Advocate
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 01.08.2024
1. On the basis of the pleadings of the parties, the following issues are framed:-
a) Whether the defendants are guilty of infringing the registered trade mark of the plaintiff?
OPP
b) Whether the defendants are guilty of passing off the
registered trade mark of the
plaintiff with respect to the goods as those of the plaintiff? OPP
c) Whether the suit of the plaintiff is barred by the provisions under Section 30(2)(c) of the Trade Marks Act, 1999 as defendants are mere permissive user of the registered trade mark AIVVA 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 03/08/2024 at 03:04:54 bearing no.3129169 in Class 09, 3129166 in Class 11 and 3593620 in Class 07 registered in favour of Mr. Ajjaay Advani? OPD
d) Whether the present suit is bad on account of mis-joinder and non-joinder of the parties, since Mr. Ajjaay Advani has not been arrayed as a defendant by the plaintiff? OPD
e) Whether the plaintiff is entitled to the relief of rendition of account, if so, to what effect? OPP
f) Whether the plaintiff is guilty of concealing the fact? OPD
g) Relief
2. No other issue arises or pressed for.
3. Renotify on 13.09.2024 before the learned Joint Registrar for recording of evidence.
SAURABH BANERJEE, J AUGUST 1, 2024/akr 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 03/08/2024 at 03:04:54