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
=============
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.
=============
