M/S Laboratoire Garnier & Cie v. Pradeep Bhatia & ORS.
$~15 and 16 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 126/2018 M/S LABORATOIRE GARNIER & CIE .....Plaintiff Through:
Mr. Pankaj Kumar, Adv.
(M): 9810438450 versus PRADEEP BHATIA & ORS.
.....Defendants Through:
Mr. Surinder Singh, Adv.
(M): 9311325398 + CS(COMM) 127/2018 M/S L'OREAL .....Plaintiff Through:
Mr. Pankaj Kumar, Adv.
(M): 9810438450 versus PRADEEP BHATIA & ORS .....Defendants Through:
Mr. Surinder Singh, Adv.
(M): 9311325398
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 04.12.2024 1.
The present suits have been filed seeking permanent injunction for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
restraining the defendants from using, selling, soliciting, exporting, displaying, advertising or dealing in the trade mark GARNIER and L'OREAL or any other word/mark identical or deceptively similar to the mark GARNIER and L'OREAL.
2.
When the matter was listed for hearing on 20th November, 2024, Mr. Surinder Singh, Advocate, learned counsel representing defendant nos. 1 and 6 to 9 had submitted that the defendants do not intend, and shall not use the good bearing the marks of the plaintiffs, unauthorizedly. 3.
He further submits that he was appearing for defendant no. 11 earlier, and his Vakalatnama is on record on behalf of defendant no. 11. He submits that though he has not been able to contact defendant no. 11, however, he submits that any order passed by this Court, shall be binding on defendant no. 11, also.
4.
Learned counsel appearing for the plaintiffs at this stage submits that he is satisfied with the undertaking given by the defendants. However, he presses for cost.
5.
Accordingly with the consent of the parties, the following directions are issued.
(i) The suit, CS(COMM) 126/2018, is decreed in favour of the plaintiff and against the defendants, in terms of Para 35 (a) (i), (ii) & (iii) of the plaint.
(ii) The suit, CS(COMM) 127/2018, is decreed in favour of the plaintiff and against the defendants, in terms of Para 32 (a) (i), (ii), (iii) & (iv) of the plaint.
(ii) ₹ 10,000/- (Rupees Ten Thousand) each shall be paid by the defendants to the plaintiffs, payable through learned counsel appearing for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the plaintiffs, on account of token cost. The aforesaid amount shall be paid by the defendants within a period of one week, from today. 6.
Decree sheet be drawn up.
7.
Accordingly, the present suits are disposed of, with the aforesaid directions.
MINI PUSHKARNA, J DECEMBER 4, 2024/nd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.