Delhi High Court - Orders
M/S Prakash Pipes Limited vs M/S Bauchhaar Poly Industries Through ... on 29 October, 2021
Author: Jayant Nath
Bench: Jayant Nath
$~OS-11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 548/2021
M/S PRAKASH PIPES LIMITED ..... Plaintiff
Through Mr.Sanjay Aggarwal, Mr.Shallen
Bajaj, Mr.Partha J. Deka, Ms.Radhika Arora and
Mr. Rishab Srivastava, Advs.
versus
M/S BAUCHHAAR POLY INDUSTRIES THROUGH ITS
PROPRIETOR SH TANISHQ AGARWAL & ANR....Defendants
Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 29.10.2021
IA Nos. 14167-69/2021
Allowed subject to all just exceptions.
IA No. 14170/2021
This application is filed under Section 12 A of the Commercial Courts Act, 2015.
For the reasons stated in the application, the same is allowed. CS(COMM) 548/2021 Let the plaint be registered as a suit.
Issue summons to the defendants through speed post and email, returnable for 06.01.2022.
IA No. 14166/2021 (u/O 39 R 1 & 2 CPC)
1. This application is filed seeking the following reliefs:-
"i. Restraining the Defendants/Respondent, its partners, agents, representatives, servants, licensees and all others acting for and on their behalf, from manufacturing, selling, offering for sale, advertising products, or operating a website and any social media accounts under the trademark "PRAKASH", PRAKASH GOLD", " " & "
"(word as well as formative marks) amounting to infringement thereof in Classes-17, 20 and 35.
ii. Restraining the Defendants/Respondent, and/or their principal officers, directors, partners, agents, franchisees, servants, licensees and all others acting for and on and on their behalf, from making, selling, offering for sale, as of the Plaintiff's products or use any promotional or advertising material image or logos that amount to infringement of Plaintiff's/Applicant's copyright;
ii. Restraining the Defendants/Respondent, and/or their principal officers, directors, partners, agents, franchisees, servants, licensees and all others acting for and on and on their behalf, from making, selling, offering for sale, advertising under the trademark " " /Prakash, " "/Prakash Premium and " " /Prakas, " "/ Prakash Gold/ PRAKAS/SUBPRAKASH/PPLPRAKASH deceptively identical and similar to the Plaintiff/Applicant's trademarks as listed above and/or tradedress/products packaging, emboss on the product similar to Plaintiff/Applicant's trademark/tradedress in a manner as may amount to passing off of the Plaintiff's goods and business;"
2. It is the case of the plaintiff that since 1980, the predecessor of the plaintiff's company has been openly, continuously and extensively exclusively using the trade mark "PRAKASH", and since 1986 the following marks " " and " " in respect of various goods and the same has become a symbol of quality with the purchasing public. It is urge that the name "PRAKASH", Prakash" and " " has since acquired excellent reputation and the mark has consistently been associated with the goods of the plaintiff. It is stated that the predecessor of the plaintiff's company is the owner and the registered proprietor of the impugn trademarks "PRAKASH", "
" and .
3. It is stated that the cause of action first arose on 06.10.2021 when the plaintiff came across the products of the defendants bearing the impugned marks " " / Prakash", " " /Prakash Premium", /Prakash Gold" and " " /Prakash" in market in Gonda, Uttar Pradesh and Faridabad. It is stated that the Defendants products are an exact replica of the Plaintiff's registered trademark/copyright/tradedress/ color combination/ writing style/ label/ overall get up under "PRAKASH", and (word as well as formative marks). It is stated that the contents of para 2 of the plaint show all the features that have been copied by the Defendants in order to pass off its inferior goods as that of the Plaintiff by adopting not only a similar but same tradedress/ label/overall getup. Upon further investigation, the Plaintiff found that the Defendant No. 1 has applied for trademark registration dated 13/03/2021, as "PROPOSED TO BE USED" basis for their trademark/wordmark "PRAKASH PREMIUM" in Class-17.
4. It is also pointed that a proprietary search conducted by the plaintiff has revealed that defendant No. 2 had applied for the registration of the marks "SUBPRAKASH","SUBPRAKASH" and "PPLPRAKASH" under class 17 and 20 respectively, details of which are as follows:-
Application No. Class Trademark
5022904 17 SUBPRAKASH
5047796 20 SUBPRAKASH
5. The plaintiff has made out a prima facie case. An interim order is passed in favour of the plaintiff and against the defendants restraining the defendants, their partners, etc. from manufacturing, selling, offering for sale, advertising their products or operating a website or any social media accounts under the trademarks " " /Prakash, " "/Prakash Premium and " " /Prakas, " "/ Prakash Gold/ PRAKAS/SUBPRAKASH/PPLPRAKASH or any other mark that is identical or deceptively similar to the Plaintiff's trademarks as listed above till further orders
6. Issue notice to the defendants through speed post and email, returnable for 06.01.2022.
7. The plaintiff to comply with Order 39 Rule 3 CPC within five days.
JAYANT NATH, J.
OCTOBER 29, 2021/rb