Suit for infringement of the 'RAGE' trademark in hosiery goods was decreed in terms of a settlement recorded under Order XXIII Rule 3 CPC. The defendant admitted the plaintiffs' ownership and registrations; the court granted refund of 25% of court fee and disposed of the suit and application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~19
SHAM LAL BANSAL .....Plaintiff
Through: Mr. Amit Jain, Advocate Mob: 9818558690
versus
DINESH BAJAJ & ANR. .....Defendants Through: Mr. M.K. Miglani, Advocate CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 03.09.2024
I.A. 38254/2024
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 06/09/2024 at 15:28:18
settlement and pray that the suit be decreed, in terms thereof.
adopt and use the trademark labels
and
for hosiery goods and readymade garments. The plaintiffs have no objection to the use of the said trademark/ labels by the defendant. Further, the plaintiffs have agreed to withdraw their opposition to application nos. 1672593, 1703262, 1703263 and 1703264 pending before the Registrar of Trade Marks.
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 06/09/2024 at 15:28:18
against the defendant in terms of the settlement reached between the parties, as contained in Para 6 of the present application, and in terms of Para 32 (a), (b) and (c) of the prayer clause of the plaint, which shall form part of the decree.
MINI PUSHKARNA, J
SEPTEMBER 3, 2024 ak
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 06/09/2024 at 15:28:18
1 issue framed by the court
Whether the suit for trademark/copyright infringement should be decreed in terms of the parties' settlement under Order XXIII Rule 3 CPC?
2 provisions across 1 enactments
Sham Lal Bansal
Dinesh Bajaj
Mini Pushkarna
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
