$~72
*
IN THE
HIGH COURT OF DELHI AT NEW DELHI
+
FAO 136/2019 & CAV 326/2019
& CM APPL. 14625/2019 (Stay) & CM APPL. 14626/2019
DINESH KAUSHAL & ANR .....
Appellants
Through: Mr. Saikrishna Rajagopal, Mr.
Sidharth
Chopra, Mr. Prabhu Tandon,
Mr. Nitin Sharma, Mr. Sumant
Narang, Ms. Susasini Raina, Ms.
Senhima
Janhavi, Advocates
versus
PROMOSHIRT
SM S.A
Through:
.....
Respondent
Mr. Sanjeev Sindhwani, Senior
Advocates with Mr. S.K. Bansal
and
Mr. Ajay Amitabh Suman, Mr.
Gaurav
Ganesh Singh, Advocates
CORAM:
HON'BLE
MR. JUSTICE NAJMI WAZIRI O R D E R
% 29.03.2019
The appellants/defendants are
aggrieved by an ex-parte
injunction
restraining
them from using the trademark “SWISSTEK” alongwith logo, as
depicted
herebelow:
The respondent/plaintiff is the
owner of the trademark “SWISS MILITARY” alongwith logo, which is as under:-
The learned counsel for the
appellants submits that the two marks are dissimilar, both visually as well as
phonetically; that because of the ex-parte injunction the appellants are
suffering immense economic losses.
Be that as it may, it would be
open to the appellants to take appropriate remedies before the learned Trial
Court.
The learned counsel for the
parties submit that they will cooperate in the appellants application for
vacation of the ex-parte injunction and would request the learned Trial Court
to dispose-off the application preferably within four weeks of it being filed.
No adjournment shall be sought by either of the parties when the date is fixed.
In view of the above, the
petition, alongwith pending applications, is dismissed as being not pressed.
A copy of this order be given dasti
to the learned counsel for the parties under the signature of the Court Master.
NAJMI WAZIRI, J
MARCH 29, 2019
savita
