M/S Jaquar And Company Pvt. Ltd. v. Yousaf Thottasseri
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 312/2023 I.A. 9452/2023 M/S JAQUAR AND COMPANY PVT. LTD.
..... Plaintiff Through:
Mr. Navdeep Suhag, Ms. Mehak Khanna, Advocates.
versus YOUSAF THOTTASSERI ..... Defendant Through:
Mr. Slivendra Pratap Singh, Mr.
Navdeep Suhyag and Ms. Mehak Khanna, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 14.05.2024 1.
No one appears on behalf of defendant.
2.
An ex parte ad interim injunction order was passed in favour of the plaintiff dated 16th May, 2023, when summons and notices were issued. 3.
However, no one appears on behalf of defendant. Accordingly, as per direction of the Court dated 06th February, 2024, the defendant was proceeded ex parte.
4.
The background facts and circumstances, are already recorded by Court in order dated 16th May, 2023 in paras 1 to 9, 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.
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.
5.
An ex parte ad interim injunction was passed in the following terms: 6.
The details of the various trademark registrations in favour of the plaintiff are extracted below:
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
The plaintiff's domain name was www.jaquar.com and www.jaquar.in. 8.
The grievance was against the defendant who was using the mark The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
'JACUAR' and the domain name www.jacuar.in.
9.
The comparative between the plaintiff and defendants mark are reproduced as under: - 10.
It is evident that the defendant has sought to infringe plaintiff's mark and therefore, the plaintiff is entitled to a decree in their favour in these circumstances.
11.
Considering defendant chose not to appear and not to file any written statement /reply, accordingly, in consonance with Order VIII Rule 10 of Code of Civil Procedure, 1908, decree is passed in terms of prayer in para 52(a) and (b) & (c) of the plaint, which are extracted as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
Decree sheet be drawn up accordingly.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
13.
Pending applications, if any, are rendered infructuous. 14.
Suit is disposed of in the above terms.
15.
Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 14, 2024/RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.