In the High Court of Delhi, KRBL Limited filed a case against Rajesh Kejriwal, trading as Chemical Centre India, and another respondent. The case, numbered C.O. (COMM.IPD-TM) 502/2022, was heard before Hon'ble High Court of Delhi. The petitioner sought to introduce certain documents into the record, including extracts from the respondent's website and third-party sites, GST details, and information about the petitioner's products under the trademark INDIA GATE with a device of a gate.
The outcome of the petitioner's application to bring certain documents on record is that the court accepted some of the documents while rejecting others. The documents accepted by the court are:
Extracts from the respondent's own website (www.goldengate.co.in), which displayed goods bearing the impugned mark "Golden Gate" with a device of "India Gate."
Statutory documents, such as the GST details of the Respondent No. 1.
Court orders passed by the Delhi High Court and Delhi District Courts in favor of the Petitioner regarding the trademark "INDIA GATE with Device of INDIA GATE."
The court allowed these documents to be brought on record, subject to the respondent's right to challenge their authenticity and relevance during the final adjudication of the cancellation petition.
However, the application to introduce the remaining documents, which included extracts from the third-party website Indiamart, information about the petitioner's range of products, and invoices showing sales of "INDIA GATE Bran oil," was rejected because the petitioner did not demonstrate the relevance of these documents to the current proceedings.
Case Citation: KRBL Limited Vs Rajesh Kejriwal:30.07.2024 : CO COMM.IPD-TM 502/2022: Delhi High Court: Saurabh Banerjee. H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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