Solera Holding Inc v. Solera Networks Inc And ANR
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 146/2021 SOLERA HOLDING INC ..... Petitioner Through:
Mr. Manish Kumar Mishra, Ms.
Akansha Singh, Ms. Saloni Kashiwal and Mr. Saransh Saini, Advs.
versus SOLERA NETWORKS INC AND ANR ..... Respondents Through:
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 16.04.2024 1.
This rectification petition has been filed seeking removal of respondent No.1's mark 'SOLERA NETWORKS' registered under Class 9 No.2443745. The said mark was applied for by respondent No.1 on 17th December, 2012 claiming user from 15th February, 2005 and was granted on 22nd May, 2015. 2.
The matter was originally filed before the Intellectual Property Appellate Board (IPAB) and was since transferred to this Court pursuant to the abolition of the IPAB in 2021. Since 2022 when the matter has been on board of this Court, notices have been issued to respondent No.1 no one has appeared.
3.
Further, Court Notice was also issued to the Trade Mark Attorneys appearing on behalf of the defendant before the Registrar of Trade Marks, however, they have also not reverted since 28th August, 2023. 4.
Accordingly, the defendant shall be proceeded ex parte. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
The petitioner had applied for registration of the mark 'SOLERA' on 14th December, 2015 in a multi class application, initially on a proposed to use basis. The petitioner has since been granted registration on 02nd June, 2021.
6.
In the meantime, counsel for the petitioner also draws attention to the status of the impugned mark from the Trade Mark Registry's record which has been handed up to the Court and reproduced hereunder. It shows that the impugned mark was valid upto 17th December, 2022 and has since not been renewed. Though, it has not been removed from the register, it seems that respondent No.1 is not interested in claiming proprietorship in the said mark. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
Further, counsel for the petitioner points out to an investigation report dated 21st December, 2018 which was filed with the original petition to ascertain if the impugned mark had been used in respect of computer related or electronic goods in India since 2005 by respondent No.1. Investigation report revealed that there was no one available on that address and a different company, namely, TaraSpan Solutions Pvt. Ltd. was operating from the address in Bavdhan, Pune. A market search also found that there was no use of the said mark.
8.
Considering these facts and circumstances and that assertions of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
petitioner stay unrebutted, this Court considers it appropriate to grant relief to the petitioner, particularly when their mark stands registered and the impugned mark has expired and not renewed by respondent No.1. 9.
In these facts and circumstances, it is directed that the register be rectified and the impugned mark No. 2443745 is removed from the Trade Mark Register.
10.
The Trade Mark Registry website be updated accordingly. 11.
Registry to supply a copy of the present order to Trade Mark Registry at llc-ipo@gov.in for compliance.
12.
Petition is disposed of. Pending applications, if any, also stand disposed of as being infructuous.
13.
Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 16, 2024/MK/ig The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.