High Court of DelhiCS(COMM)/1160/2018

V Guard Industries Ltd. v. Akash Gupta & ORS.

2024-04-16Hon'Ble Mr. Justice Anish Dayal5 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1160/2018, I.A. 13754/2018, I.A. 12923/2019 & I.A. 17805/2023 V GUARD INDUSTRIES LTD.

..... Plaintiff Through:

Mr. Sachin Gupta, Mr. Ajay Kumar, Ms. Prashansa Singh, Mr. Rohit Pradhan and Mr. Manan Mondal, Advs.

versus AKASH GUPTA & ORS.

..... Defendants Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 16.04.2024 1.

A perusal of the order-sheets shows that defendant Nos.1 and 2 have not appeared and defendant Nos.3 and 4 have already been proceeded ex parte. This Court has noted the same on 10th January, 2024, as also the submission by counsel for the plaintiff noting an order passed by the High Court of Judicature at Madras dated 22nd November, 2023 in (T)OP(TM)/293/2023 titled as "M/s V-Guard Industries Ltd. v. Akash Gupta & Anr".

The said judgment of High Court of Judicature at Madras dated 22nd November, 2023 has been placed on record. A perusal of the said judgment shows that the plaintiff, in this case, was the petitioner before the High Court of Judicature at Madras, in the rectification petition against the respondents The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

seeking removal of the impugned mark "THE-GUARD". 3.

The High Court of Judicature at Madras issued notices to the respondents (defendants herein) but no one appeared. In this situation, the High Court of Judicature at Madras has examined the report relating the trademark "THE-GUARD" of the plaintiff/petitioner including their invoices and registration certificates, as well as a determination by the Additional District Judge, Ernakulam that the petitioner's trademark is a well-known mark. The High Court of Judicature at Madras, therefore, cancelled the certificates of registration of the defendant/respondent No.1's mark "THEGUARD". 4.

Mr. Sachin Gupta, Counsel for the plaintiff seeks a decree in terms of order passed by this Court on 05th October, 2018. An ex parte ad-interim order had been passed in the background facts as stated in the said order 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.

Accordingly, the injunction passed was in the following terms: 6.

In these circumstances, ex parte ad-interim order is made absolute and counsel for the plaintiff seeks a decree in these terms. Accordingly, decree of permanent injunction is passed in terms of the said order passed by this Court on 05th October, 2018 in favour of the plaintiff. 7.

Decree-sheet be drawn up accordingly.

Suit is disposed of.

Pending applications, if any, also stand disposed of as being infructuous.

10.

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.