Impresario Entertainment & Hospitality Pvt. Ltd. v. Cafe Omg Social & ORS

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 704/2017 & I.A.Nos.12009/2017, 14888-14889/2017 IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT. LTD. ..... Plaintiff Through Ms.Shikha Sachdeva with Mr.Prabhat Kalia, Advocates.

versus CAFE OMG SOCIAL & ORS ..... Defendants Through Mr.Gurmeet Singh with Mr.Shashank Goswami, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.12.2017 Present suit has been filed for permanent and mandatory injunction for infringement of a registered trademark. This Court vide a detailed order dated 17th October, 2017 had restrained the defendants from using the mark „CAFE OMG SOCIAL‟ and/or any other mark or name similar to the plaintiff‟s trademark „SOCIAL‟.

Today learned counsel for the plaintiff states that the defendants have already changed their trademark/trade name from „CAFE OMG SOCIAL‟ to „CAFE OMG‟. He further assures and undertakes to this Court that the defendants shall not use the mark „SOCIAL‟ or any other deceptively similar mark either as a domain name or as a trade name or as a trademark or as a corporate name in future.

The statements, assurances and undertakings given by learned counsel for the defendants are accepted by this Court and the defendants are held bound by the same.

Consequently, the suit is decreed in accordance with the aforesaid terms. Registry is directed to prepare a decree sheet accordingly.

Registry is also directed to issue to the plaintiff a certificate authorizing it to receive back from the Collector the full amount of the Court fee paid by it in the present suit.

MANMOHAN, J DECEMBER 19, 2017 KA