Allowed

Nnova and Company v. Nitina Gupta and Anr.

Delhi HC16 Aug 2024C.O. (COMM.IPD-TM)/115/2021

Case brief

AI extract

What is this about?

The Delhi High Court allowed a rectification petition filed by NOVA manufacturer against Krishna Agencies seeking cancellation of the registered trademark GLOWNOWO. The court disposed of the matter based on a settlement where the respondent acknowledged the petitioner's prior user rights and agreed to destroy infringing stock and cease using the mark.

What did the court decide?

Cancellation of trademark registration no. 3830607 in Class-03 for the mark GLOWNOWO.

Nnova and Company Vs Nitina Gupta and Anr. — Intellectual Property | Delhi HC (2024)

¶1

$~6

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- C.O. (COMM.IPD-TM) 115/2021 & I.A. No. 36628/2024

¶4

NNOVA AND COMPANY .....Petitioner

¶5

Through: Mr. Rahul Vidhani with Ms. Nidhi Pandey, Advocates.

¶6

versus

¶7

NITIN GUPTA TRADING AS KRISHNA AGENCIES AND ANR. .....Respondents Through: Mr. Jaspreet Singh Chauhan, Advocate.

¶8

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

¶9

O R D E R % 16.08.2024

¶10

I.A. No. 36628/2024 (Application under Order XXIII Rule 3 read with

¶11

Section 151 CPC)

¶12

The present application has been filed jointly on behalf of the petitioner and respondent no. 1 under Order XXIII Rule 3, read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”).

¶13

The present rectification petition has been filed against the respondent no.1 praying interalia for cancellation/removal of the registered trademark ‘GLOWNOWO’ bearing registration no. 3830607 in Class-03 from the Register of Trade Marks.

¶14

During the pendency of the present petition, the parties have arrived at a settlement, wherein, the respondent no. 1 has acknowledged that the petitioner is the prior user and registered proprietor of the trademark NOVA,

¶15

C.O. (COMM.IPD-TM) 115/2021 Page 1 of 3

¶16

This is a digitally signed order.

¶17

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 12:48:41

¶18

being used in relation to the cosmetic and pharmaceutical goods. The respondent no. 1 has undertaken to never challenge, nor question the ownership and validity of the trademark NOVA.

¶19

The respondent no. 1 has further agreed and undertaken that he shall not hereafter, whether jointly or severally, use the impugned mark ‘GLOWNOWO’, being deceptively similar to the petitioner’s trademark NOVA, nor shall he use any other mark, which is identical with and/or deceptively similar to the petitioner’s registered trademark.

¶20

The respondent no. 1 has also confirmed that he presently does not have any stock of goods bearing the impugned mark ‘GLOWNOWO’. The respondent no.1 has agreed to destroy all and any such other materials, including stickers, labels, cartons, screens, dyes, blocks, moulds, stencils, rollers, cylinders, packing, publicity and stationery material bearing the impugned mark ‘GLOWNOWO’.

¶21

The respondent no.1 has also further agreed that the present rectification application be allowed, thereby cancelling, expunging and removing the registration granted in his favour under registration no. 3830607 in Class-03. 7. It has been further agreed between the parties that the respondent no. 1 shall use and seek registration of the label mark ‘Glownow’, written always as one single word in sentence case, wherein, only the first alphabet, i.e., ‘G’ would be written in uppercase, followed by other letters all written in lowercase. The parties have agreed that the respondent no. 1 has got designed its mark ‘Glownow’, under labels, coloured representations. The respondent no. 1 has agreed that such label mark ‘Glownow’ would be depicted in a label bearing an artwork, colour scheme, lay-out, placement of

¶22

C.O. (COMM.IPD-TM) 115/2021 Page 2 of 3

¶23

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 12:48:41

¶24

features and trade dress, distinct and different from that of the petitioner’s original artistic work and trade dress, depicted on its NOVA label and colour representation.

¶25

Learned counsels appearing for the parties confirm the terms of the settlement and submit that the present petition, be disposed of in terms, thereof.

¶26

Accordingly, considering the submissions made in the present application, the present petition is allowed.

¶27

The registration no. 3830607 in Class-03 for the mark ‘GLOWNOWO’ standing in the name of respondent no. 1, is hereby, cancelled.

¶28

The Registrar of Trademarks is directed to rectify its Register and update its website, accordingly.

¶29

The Registry is directed to supply a copy of the present order to the Office of the Controller General of Patents, Designs and Trade Marks of India, on E-mail Id: [email protected], for compliance.

¶30

With the aforesaid directions, the present petition is disposed of, along with the pending application.

¶31

MINI PUSHKARNA, J

¶32

AUGUST 16, 2024 c

¶33

C.O. (COMM.IPD-TM) 115/2021 Page 3 of 3

¶34

This is a digitally signed order.

¶35

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 12:48:41

Nnova and Company v. Nitina Gupta and Anr.

Case brief

What is this about?

What did the court decide?

Nnova and Company v. Nitina Gupta and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Super Cassettes Industries Private Limited Vs T.V. Today Network Limited

Fdc Limited Vs Nilrise Pharmaceuticals Pvt. Ltd. and Anr.

Dfm Food Ltd. Vs M/S Patola Foods

Mr. Nadir Rizvi, S/O Mohd. Ahmed Rizvi M/S. Amroha Mehndi Udhyog Vs Rafiq Ahmed M/S. Special Ruquayya Hina Zulfi and the Registrar of Trademarks

Disposafe Health and Life Care Limited Vs Registrar of Trade Marks

Umang Bansal Vs Noni Gopal Dev and Anr.