Adhar Products Pvt. Ltd. Vs Lotus Organics Care

Judgment date:10.11.2022

Appeal No. S.B. Appeal No. 3417 of 2018

Name of Court: High Court of Judicature for Rajasthan at Jodhpur

Name of Hon'ble Justice: Pushpendra Singh Bhati, H.J.

Case Title: Adhar Products Pvt. Ltd. Vs Lotus Organics Care

Plaintiff's/Appellant's Trademark:  DECIDE

Plaintiff's/Appellant's business and Services: Manufacturing, Marketing and Sale of

Detergents Products, Bath Soaps, Soap Sticks, bathing and laundry products.

Plaintiff's/Appellant's  Claimed user: Since 2006.

Defendant's/Respondents  Trademark: DELITE

Defendant's/Respondent's business: Washing and  Detergent Powder.

Defendant's/Respondents  claimed user: 2007

Appellant was the Plaintiff and Defendant was the Respondent.

Appellant filed subject matter Suit against the Respondent seeking relief of permanent injunction against use of trademark DELITE by the Respondent. The Appellant also filed application under Order 39 Rule 1 and 2 CPC seeking the relief of interim injunction.

The Injunction was declined by the LD. Trial Court. Against this order of declining the Injunction by the Ld.  in favor of the Appellant the subject matter Appeal was filed. The Hon'ble High Court of Delhi rejected the grounds  taken by the Appellant and dismissed the Appeal.

The Appeal was dismissed on the ground inter alia that the Appellant has failed to point out any perverse exercise of jurisdiction by the Trial Court. Another reason was that Appellant's Claimed user was since 2006 while claimed user of the Respondent was since the year 2007. In such a situation it can not be said that Order of Trial Court suffered from any glaring perversity

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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