Hard Rock Limited v. Hard Rock Inn Private Limited
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 23/2023 I.A. 5710/2023 I.A. 24863/2023 HARD ROCK LIMITED ..... Plaintiff Through:
Mr. Ranjan Narula, Ms. Aishani Singh and Ms. Shivangi Kohli, Advs.
versus HARD ROCK INN PRIVATE LIMITED ..... Defendant Through:
Mr. Manish Kumar, Ms. Aparajita Jha and Ms. Shruti Verma, Advs. for D-1 & 3. (thru VC)
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 23.04.2024 1.
Pursuant to order dated 26th February 2024, an affidavit has been filed on behalf of Mr. Pawan Pahuja, defendant no.3, who affirms that he is one of the Directors of Defendant no.1 Company and has been duly authorised to file the said affidavit vide Board Resolution dated 21st March, 2024. 2.
It is stated that defendants do not dispute rights of plaintiff and are willing to suffer a decree in this regard and are no longer using plaintiff's trademarks including 'HARD ROCK', 'HARD ROCK HOTEL', and 'HARD ROCK CAFÉ' in relation to restaurant services that defendants were operating. The name of restaurant has been changed to 'THE ROSE DREAM'. The defendants have also made an application for change of name of defendant no.1 from 'Hard Rock Inn Pvt. Ltd.' to 'Rose Dreams Hotel & Resort Pvt. Ltd'. Copy of the necessary applications to the ROC, Ministry of Company Affairs dated 14th March 2024 and 18th March 2024 are appended along with the affidavit. The email and domain name using plaintiff's mark have also been changed six months back. 3.
Mr. Manish Kumar, Advocate who appears on behalf of defendant The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
nos.1 and 3, states that there has been some delay on account of inter se disputes which had transpired between defendant no.2 and 4, for control of defendant no.1 company. These aspects have already been recorded in order of this Court dated 26th February 2024.
4.
In view of this affidavit, Mr. Ranjan Narula, counsel for plaintiff seeks a decree in terms of prayer Para 33 (a) to (d); extracted as follows: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Accordingly, decree sheet be drawn up in the aforesaid prayer clauses by the Registry.
6.
Defendant nos.1 and 3 shall be bound by their undertakings. As regards defendant no.2 and 4, it is already stated that they are no longer in control of the company and have tendered their resignations. 7.
Defendant no.1 shall take all necessary steps to ensure that applications The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
before the ROC are processed expeditiously, within a period of 2 months at best. Defendant no.1 shall provide written communication to counsel for plaintiff in this regard.
8.
Counsel for plaintiff points out that there are certain stray references to Hard Rock on other sites operated by defendant no.1. 9.
Counsel for defendant no.1 states although this must be inadvertent, they will take all steps to ensure these are renamed as expeditiously as possible. Confirmation in this regard be given to counsel for plaintiff. 10.
In view of the above facts and circumstances that the matter has been disposed of on account of settlement between the parties, court fees be refunded to plaintiff through its counsel. Registry is directed accordingly. 11.
The suit stands disposed of in above terms.
12.
Pending applications, if any, stand disposed of as infructuous. 13.
Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 23, 2024/sm/sc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.