Delhi High Court - Orders
Global Car Group Pte Ltd & Anr vs Mr Krishi Ramesh Khandelwal & Ors on 21 September, 2021
Author: Jayant Nath
Bench: Jayant Nath
$~OS-13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 463/2021
GLOBAL CAR GROUP PTE LTD & ANR. ..... Plaintiffs
Through Mr.J.Sai Deepak, Mr. Mohit Goel,
Mr.Sidhant Goel, Mr.Aditya Goel and
Mr.Karmanya Dev Sharma, Advs.
versus
MR KRISHI RAMESH KHANDELWAL & ORS...... Defendants
Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 21.09.2021
IA Nos.12318-19 /2021
Allowed subject to all just exceptions.
IA No.12320/2021
Time for filing the court fees is extended by three weeks. The application is disposed of.
CS(COMM) 463/2021 Let the plaint be registered as a suit.
Issue summons to the defendants through speed post and email, returnable for 02.12.2021.
IA No.12317/20211. This application is filed under Order 39 Rules 1 and 2 CPC seeking an ex parte injunction to restrain the defendants, their partners, directors, etc. Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:23.09.2021 12:57:23 from using in any manner whatsoever or offering for sale, advertising, directly or indirectly, dealing in the infringing marks, namely, Bikes24x7, and or any other trade mark which is identical or deceptively similar to the trade mark of the plaintiff which includes '24 Formative Marks' as set out in the plaint.
2. It is the case of the plaintiffs that the plaintiffs adopted and first commenced use of the '24 Formative Marks' in the year 2015 by adopting and using the said trade mark CARS24 in India. CARS24 is also the house mark/trade name of plaintiff No. 2. The concept and idea of combining the words 'Cars', 'Funding', 'Auction' and 'Unnati', it is stated, with the numeral '24' is an essential feature of all the trademarks of the plaintiffs.
3. It is stated that plaintiff No. 1 is the registered proprietor of several '24 Formative Marks' as recorded in para 9 of the plaint. It is stated that in the year 2020-2021 the plaintiffs had a turnover of approximately Rs.8530.57crores and had spent approximately Rs.487.36crores on advertisement and promotional activities. It is stated that plaintiff No. 2 is one of the youngest unicorns in India achieving a billion dollar valuation within a span of few years of commencing business.
4. It is stated that plaintiff No. 2 was incorporated in 2015and is in the primary business of buying and selling of used or second-hand cars and bikes/motorcycles on a business to business and business to customer basis. Plaintiff No. 2, it is stated, is also in the business of refurbishment of used automobiles and for this purpose, has acquired several factories in India. It is also pleaded that the plaintiffs have carried forward this concept and idea by Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:23.09.2021 12:57:23 adopting and using another trade mark, namely, 'Bikes24' which is for the second-hand motorcycles.
5. Regarding the defendants, it is pleaded that they are operating under the infringing marks Bikes24x7, and .
6. It is stated that in July 2021, the plaintiffs while conducting a search for the word 'Bikes24' came across the defendants who were using the infringing marks in connection with the business of second-hand/refurbished motorcycles. The defendants are operating under the website www.bikes24x7.com. It is further pleaded that plaintiffs have learnt that the defendants have filed a trade mark application for the mark in class 35 which is pending before the Registrar of Trade Marks. It is stated that in the trade mark application, the defendants claim user from 01.07.2020.
7. It is stated that the plaintiffs on 09.07.2021 issued as cease and desist notice to the defendants.
8. The plaint reproduces the stated overall similarities between the rival marks as follows:
Plaintiffs' Mark(s) Defendants' Mark(s)
Word Marks: Word Mark:
Signature Not Verified
Digitally Signed
By:NIRMLA TIWARI
Signing Date:23.09.2021
12:57:23
Cars24 Bikes24x7
Funding24
Auction24
Unnati24
Bikes24
Composite Logos: Composite Logos:
9. It is clear that the defendants are prima facie trying to adopt a trade mark which is deceptively similar to the trade mark of the plaintiffs. The Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:23.09.2021 12:57:23 plaintiffs are also into the same business of sale of second-hand/used automobiles and motorcycles.
10. The plaintiffs have made out a prima facie case. The defendants, their partners, directors, etc. are restrained by an ex parte injunction from selling, offering for sale, advertising, etc. the infringing marks, namely, Bikes24x7, and or any other trade mark which is identical or deceptively similar to the trade mark of the plaintiffs or a deceptive variant of the plaintiffs' '24 Formative Marks' as set out in the plaint till further orders.
11. The defendants are also directed to suspend the domain name https://bikes24x7.com/ expeditiously within three weeks from the date of receipt of the order.
12. Issue notice to the defendants through speed post and email, returnable for 02.12.2021.
13. The plaintiff to comply with Order 39 Rule 3 CPC within five days from today.
IA No. 12321/2021 (u/s 12 A CCA) In the facts and circumstances of the case, exemption is granted to the plaintiffs from referring the dispute to the alternative dispute mechanism.
The application is disposed of.
JAYANT NATH, J SEPTEMBER 21, 2021/rb Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:23.09.2021 12:57:23