Allowed a petition to quash trademark disparagement proceedings based on a compromise application entered in the underlying trial court where respondents undertook to cancel their infringing trademarks.
The present petition was allowed and all pending applications were disposed of.
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M/S RSPL HEALTH PRIVATE LIMITED .....Petitioner
Through: Mr. Rishabh Gupta, Advocate
versus
BHAGWATI GRAM UDYOG MANDAL & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Akash Mishra and Ms. Rashi Kapoor, Advocates for R-2
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 19.07.2024
“2. (e) That the defendants undertake to take all necessary steps to get their registered trademark under no. 2572839 in
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 02/07/2025 at 04:04:45
class 03 for the mark SAKSHI XPERIA, cancelled and further withdraw any and all trademark applications or copyright applications, which they may have filed for registration of impugned Trade mark/label/trade dress/colour combination XPERIA, or of any other word/mark/label/name containing the word XPERT and/or XPERIA or which may be identical with and/or deceptively similar to the plaintiff's said XPERT trademark trade dress, colour scheme, artistic features, copyrights etc. Defendants agree not to challenge any of the applications/ registrations pertaining to plaintiffs said trademark I label and copyrights before any judicial/quasi-judicial forums/ tribunals including Registrar of Trade Mark, Registrar or Copyright, Intellectual Property Appellate Board, Copyright Board etc. and further undertake to withdraw such proceeding if already filed.”
SAURABH BANERJEE, J
JULY 19, 2024/akr
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 02/07/2025 at 04:04:45
1 issue framed by the court
Whether the compromise application filed in the underlying trial court extinguishes the present petition regarding trademark disparagement.
1 provisions across 1 enactments
M/S RSPL HEALTH PRIVATE LIMITED
BHAGWATI GRAM UDYOG MANDAL & ANR.
Saurabh Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
