General Nutrition Investment Company v. Jagjot Singh & ORS
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 18/2016 & I.A.Nos.16237/2013, 42/2014, Crl.M.A.No.7729/2014, I.A.24881/2014 GENERAL NUTRITION INVESTMENT COMPANY ..... Plaintiff Through Mr.Peeyoosh Kalra with Mr.Gaurav Mukherjee and Mr.Amol Dixit, Advocates.
versus JAGJOT SINGH & ORS ..... Defendants Through Mr.Amarjit Singh, Advocate for D-1, 2, & 8.
Mr.Mahendara Rana, Advocate for D3 & 9.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 09.07.2018 Present suit has been filed for permanent injunction seeking stay of infringement, passing off, unfair competition, rendition of accounts, damages and delivery up.
At the outset, learned counsel for the plaintiff wishes to delete defendant nos.11 and 12. Accordingly, they are deleted from the array of parties. Let an amended memo of parties be filed by tomorrow.
Today Mr.Amarjit Singh, learned counsel for defendant nos.1, 2 & 8 as well as Mr.Mahendara Rana, learned counsel for defendant nos.3 & 9 state that they have no objection if the present suit is decreed restraining the aforesaid defendants from using the mark
„VNC‟ on their products. They, however, clarify that the said defendants shall use the logo „VC‟ as well as the trade name „Value Nutrition Centre‟.
In view of the aforesaid statement, learned counsel for the plaintiff gives up other reliefs prayed for in the present suit. He clarifies that the plaintiff has no objection to the aforesaid defendants using the logo „VC‟ as well as the trade name „Value Nutrition Centre‟. It is pertinent to mention that defendant nos.4 to 7 and 10 had been proceeded ex parte vide order dated 10th April, 2017. The statements/undertakings given by learned counsel for the defendants as well as the plaintiff are accepted by this Court and the parties are held bound by the same. Registry is directed to prepare a decree sheet accordingly.
Registry is also directed to issue to the plaintiff a certificate authorizing it to receive back from the Collector the half amount of the Court fee paid by it in the present suit. MANMOHAN, J JULY 09, 2018 KA