Allowed

Verizon Trademark Services Llc & Ors. v. Verizon Trade Services & Ors.

Delhi HC3 May 2024CS(COMM)/181/2023

Case brief

AI extract

What is this about?

The court disposed of a suit filed by Verizon Trademark Services where defendants failed to file written statements. The plaintiffs' averments were sustained ex parte, and a decree was passed in their favor regarding trademark infringement and domain name inclusion.

What did the court decide?

Decree passed in terms of prayers in para 78(i), (iii), (iv) including domain names; costs of Rs.1 Lac awarded.

Verizon Trademark Services Llc & Ors. Vs Verizon Trade… — Intellectual Property | Delhi HC (2024)

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$~98

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 181/2023 & I.A. 9922/2024

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VERIZON TRADEMARK SERVICES LLC & ORS. ..... Plaintiffs

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Through: Ms. Vaishali R. Mittal, Mr. Siddhant Chamola and Mr. Shivang Sharma, Advs.

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versus

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VERIZON TRADE SERVICES & ORS. ..... Defendants

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Through:

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 03.05.2024

I.A. 9922/2024

This application has been filed under Order XIII-A along with Order VIII Rule 10 of the Code of the Civil Procedure, 1908 by the plaintiffs seeking a decree as prayed for in 78 of the plaint. An ex parte ad interim injunction was granted in favour of the plaintiffs on 21^st April, 2023, which was subsequently made absolute on 11^th January, 2024. It was noted in the order dated 11^th January, 2024 that the defendants have not filed any written statements despite service, which has been recorded by the Joint Registrar in order dated 21^st November, 2023 by which the right to file written statement stood closed. No replies have been filed by the defendants to any of the applications as well. The defendants were proceeded ex parte .

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This Court while passing the ex parte ad interim order had recorded the background facts which are reproduced as under:

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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 10/05/2024 at 11:41:58

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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The Order is downloaded from the DHC Server on 10/05/2024 at 11:41:58

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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The Order is downloaded from the DHC Server on 10/05/2024 at 11:41:58

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This is a digitally signed order.

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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 10/05/2024 at 11:41:58

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This Court has perused the facts as stated above, and since there is no rebuttal on behalf of the defendants, the said averments of the plaintiffs are

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This is a digitally signed order.

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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 10/05/2024 at 11:41:58

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taken as sustainable. Further, the documents have been perused by this Court which substantiate the said facts as recorded.

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In view of the above facts and circumstances, the plaintiffs are entitled to a decree. A decree, therefore, is passed in terms of Prayers in para 78(i), (iii) and (iv), which are as under:

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The relief under para 78(iii) shall also include the domain name www.foxtrade.tech aside from www.verizontrade.in considering the same had also been injuncted by this Court on 21^st April, 2023.

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In view of the facts and circumstances, counsel for the plaintiffs seeks costs against defendant No.1. Statement of costs is handed up in Court, which shall be also filed by the counsel for plaintiffs, seeking costs of around Rs.10 Lacs in this regard. However, it is noted that defendant No.1 has registered the domain name in March 2023 and due to the action taken by the plaintiffs immediately thereafter an injunction was passed and duly complied with by the DNR ( defendant No.2 ).

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This is a digitally signed order.

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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 10/05/2024 at 11:41:58

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In these circumstances, costs of Rs.1 Lac is awarded in favour of the plaintiffs qua defendant No.1.

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Suit is decreed in the abovesaid terms.

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Accordingly, suit is disposed of. Pending applications, if any, are rendered infructuous.

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The next date, already fixed, stands cancelled.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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MAY 3, 2024/MK

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This is a digitally signed order.

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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 10/05/2024 at 11:41:58

Verizon Trademark Services Llc & Ors. v. Verizon Trade Services & Ors.

Case brief

What is this about?

What did the court decide?

Verizon Trademark Services Llc & Ors. v. Verizon Trade Services & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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