Advance Magazine Publishers Inc & ANR v. Rakhi Jain & ANR

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 191/2016 & C.M.Nos.32214-32215/2016, 34826/2016 ADVANCE MAGAZINE PUBLISHERS INC & ANR ..... Petitioners Through Mr.Zeeshan Khan, Advocate.

versus RAKHI JAIN & ANR ..... Respondents Through Mr.Jitesh Talwani, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.02.2017 Present contempt petition has been filed alleging wilful disobedience of the orders dated 10th November, 2014 and 13th November, 2014 passed in TM No.9/2013, wherein an ex parte decree was passed against the respondents injuncting them from using the mark "VOGUE".

The respondents filed an application under Order 9 Rule 13 CPC, which was dismissed vide order dated 16th April, 2015. After filing of the present petition, the appeal of the respondents against the order dated 16th April, 2015 has also been dismissed.

In the present petition, it has been averred that the respondents are still using the mark "VOGUE" on the Facebook as well as in their LLP name.

In pursuance to the bailable warrants issued on 2nd December,

2016, the respondents are personally present in Court. They state that they have changed the name of their LLP and have closed down their shop.

Admittedly, the Facebook page bearing mark "Vogue Mart" has now been deleted.

Consequently, the present contempt petition is closed. However, the petitioner is given liberty to pursue its execution petition with regard to recovery of costs.

MANMOHAN, J FEBRUARY 28, 2017 KA