Laugh Factory,Inc v. Earthwise Hospitality And Entertainment Holding Pvt Ltd & ORS

$~OS-6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1343/2016, I.As. 9669/2014, 2691/2015, 2690/2015, 11481/2014 and 8572/2014 LAUGH FACTORY,INC ..... Plaintiff Through Mr.Sushant Singh and Mr.Tajinder Singh, Advs.

versus EARTHWISE HOSPITALITY AND ENTERTAINMENT HOLDING PVT LTD & ORS ..... Defendants Through Mr.Alishan Naqvee, Mr.Saurabh Chaturvedi and Ms.Sneha Siddharth, Advs.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 07.12.2017 This suit is filed by the plaintiff seeking a permanent injunction to restrain the defendants/successors-in-title from using the trademark 'Laugh Factory' or any other trademark which is deceptively similar to the plaintiff's trademark. Other connected reliefs also sought. Learned counsel for the defendants has submitted that the defendants are not using the mark 'Laugh Factory' and are using the mark 'Canvas Laugh Factory' which is clearly different and distinct from the registered trademark of the plaintiff. It is also urged that there is no similarity in the logo that is being used by the defendants with that of the plaintiff. Keeping in view the above submission of the learned counsel for the

defendants, a limited decree is passed in favour of plaintiff and against the defendants restraining the defendants from using the trademark 'Laugh Factory'.

Suit and all pending applications stand disposed of. JAYANT NATH, J.

DECEMBER 07, 2017 rk