Impresario Entertainment & Hospitality Pvt. Ltd. v. The Sociale Industrie
$~OS-5 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM.) 831/2017 IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT.LTD.
..... Plaintiff Through Ms.Shikha Sachdev, Adv.
versus THE SOCIALE INDUSTRIE.
..... Defendant Through defendant is ex parte
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
% 09.07.2018 1.
Present suit is filed seeking permanent and mandatory injunction for infringement of the registered trademark 'THE SOCIAL INDUSTRIE" and/or 'THE SOCIALE INDUSTRIE and/or SOCIAL. It is prayed that a decree be passed in favour of the plaintiff and against the defendants from manufacturing, selling, marketing, advertising and/or offering its services and/or in any other manner using, allowing or permitting third parties to manufacture, market, advertise or use THE SOCIAL INDUSTRIE and/or THE SOCIALE INDUSTRIE and/or SOCIAL or any other trade mark or trade name which is similar or deceptively similar to the plaintiff's trademark SOCIAL. Other connected reliefs are also sought. 2.
As per the plaint the plaintiff is the registered proprietor of the trademark Social and its variants, details of which are given in para 12 of the plaint. The promotional expenses of the petitioner are stated in paragraph 18 of the plaint.
3.
It is further asserted that the plaintiff was shocked when it came to its
attention in April 2017 that the defendant was planning to open a restaurant with the trademark THE SOCIAL INDUSTRIE in Hyderabad. A restaurant has recently been opened with the trademark THE SOCIALE INDUSTRIE. Hence, the present suit.
4.
The defendant has been served. The plaintiff has filed an affidavit of service showing that the summons sent by registered post have been duly served on the defendant alongwith the affidavit. The tracking report has also been filed. Defendant is hence proceeded ex parte as none has appeared for the defendant. Defendant has also not filed written statement. 5.
In my opinion, this is a fit case to pass a decree in favour of the plaintiff and against the defendant under Order 8 Rule 10 CPC. Accordingly, a decree is passed in favour of the plaintiff and against the defendant in terms of prayer A (i)(ii) and (iii); B (v) of the prayer clause of the plaint. The plaintiff shall also be entitled to actual costs of the suit. 6.
The suit stands disposed of.
JAYANT NATH, J JULY 09, 2018 n