Title: Raj Kumar Proprietor of MS Royal Pets Cart vs. Pooja Ahirwar Proprietor of MS Aselfy Enterprises:Date of Order: 15 May 2025:Case Number: CS(COMM) 954/2024:Name of Court: High Court of Delhi:Name of Judge: Hon'ble Mr. Justice Amit Bansal
Facts:
Raj Kumar, the plaintiff, owns the trademark ‘ROYAL PETS CART’, which he began using in 2021 for pet-related products including furniture, bedding, cages, and other accessories. He filed multiple trademark applications and reported substantial sales revenue over successive years. The defendant, Pooja Ahirwar, also filed a trademark application for a deceptively similar mark ‘ROYAL PETS CART’ claiming a user date of 2020. Despite being served with legal notices, the defendant did not appear in court.
Procedural Details:
The plaintiff filed a suit seeking a permanent injunction to restrain the defendant from using the same or similar marks. An affidavit of service was filed indicating service through email and WhatsApp, but the defendant did not respond or appear during proceedings. The court scheduled further hearings and issued interim relief restraining the defendant from manufacturing, marketing, selling, or offering for sale goods under the impugned trademark until the next hearing.
Issue:
Whether the defendant’s use of a mark nearly identical or deceptively similar to the plaintiff’s registered and used trademark ‘ROYAL PETS CART’, is infringing upon the plaintiff’s rights, and if an injunction should be granted to prevent further misuse.
Decision:
The court held that the defendant’s mark is nearly identical/deceptively similar to the plaintiff’s mark. The court found a prima facie case in favor of the plaintiff, highlighting prior use and likelihood of confusion among consumers. The court granted a temporary restraining order preventing the defendant from manufacturing, marketing, or selling goods under the impugned mark pending further proceedings and scheduled the matter for a hearing on 15 October 2025.
No comments:
Post a Comment