High Court of DelhiCS(COMM)/181/2023

Verizon Trademark Services Llc & ORS. v. Verizon Trade Services & ORS.

2024-05-03Hon'Ble Mr. Justice Anish Dayal8 pages

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 181/2023 & I.A. 9922/2024 VERIZON TRADEMARK SERVICES LLC & ORS. ..... Plaintiffs Through:

Ms. Vaishali R. Mittal, Mr. Siddhant Chamola and Mr. Shivang Sharma, Advs.

versus VERIZON TRADE SERVICES & ORS. ..... Defendants Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 03.05.2024 I.A. 9922/2024 1.

This application has been filed under Order XIII-A along with Order VIII Rule 10 of the Code of the Civil Procedure, 1908 by the plaintiffs seeking a decree as prayed for in 78 of the plaint. An ex parte ad interim injunction was granted in favour of the plaintiffs on 21st April, 2023, which was subsequently made absolute on 11th January, 2024. It was noted in the order dated 11th January, 2024 that the defendants have not filed any written statements despite service, which has been recorded by the Joint Registrar in order dated 21st November, 2023 by which the right to file written statement stood closed. No replies have been filed by the defendants to any of the applications as well. The defendants were proceeded ex parte. 2.

This Court while passing the ex parte ad interim order had recorded the background facts which are reproduced as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

This Court has perused the facts as stated above, and since there is no rebuttal on behalf of the defendants, the said averments of the plaintiffs are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

taken as sustainable. Further, the documents have been perused by this Court which substantiate the said facts as recorded. 4.

In view of the above facts and circumstances, the plaintiffs are entitled to a decree. A decree, therefore, is passed in terms of Prayers in para 78(i), (iii) and (iv), which are as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The relief under para 78(iii) shall also include the domain name www.foxtrade.tech aside from www.verizontrade.in considering the same had also been injuncted by this Court on 21st April, 2023. 6.

In view of the facts and circumstances, counsel for the plaintiffs seeks costs against defendant No.1. Statement of costs is handed up in Court, which shall be also filed by the counsel for plaintiffs, seeking costs of around Rs.10 Lacs in this regard. However, it is noted that defendant No.1 has registered the domain name in March 2023 and due to the action taken by the plaintiffs immediately thereafter an injunction was passed and duly complied with by the DNR (defendant No.2).

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

In these circumstances, costs of Rs.1 Lac is awarded in favour of the plaintiffs qua defendant No.1.

Suit is decreed in the abovesaid terms.

Accordingly, suit is disposed of. Pending applications, if any, are rendered infructuous.

10.

The next date, already fixed, stands cancelled. 11.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 3, 2024/MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.