Allowed

Zydus Wellness Products Ltd. v. Mr Pankaj Jain Trading as Arpan Food Packaging & Anr.

Delhi HC29 Aug 2024CS(COMM)/699/2024

Case brief

AI extract

What is this about?

The Delhi High Court decreed the plaintiff's suit for trademark infringement, passing off, and copyright against Defendant No. 1 based on their affidavit undertaking to stop using the marked and packaging of the plaintiff.

What did the court decide?

Decree for permanent injunction for misuse of marks and packaging against Defendant No. 1; mandatory injunction for removal of hyperlinks against Defendant No. 2.

Zydus Wellness Products Ltd. Vs Mr Pankaj Jain Trading… — Intellectual Property | Delhi HC (2024)

¶1

$~23

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(COMM) 699/2024, I.A. 36712/2024-Stay, I.A. 36713/2024-O26,R-9, I.A. 36714/2024-Exp from pre-institution mediation, I.A. 36715/2024-Addl.doc., I.A. 36716/2024-Exp, I.A. 36717/2024-U/S 149 CPC

¶4

ZYDUS WELLNESS PRODUCTS LTD

¶5

.....Plaintiff

¶6

Through: Mr. Guruswamy Natraj, Ms. Tejaswitha Sachdeva and Mr. Shyam Nair, Advocates

¶7

versus

¶8

MR PANKAJ JAIN TRADING AS ARPAN FOOD PACKAGING & ANR. .....Defendants Through: Santosh Kumar, Amit Gaur, Hemlata Rawat, Rahul Bhatt and Aayushmaan Vatsyayana, For Defendant No 1

¶9

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

¶10

O R D E R % 29.08.2024

¶11

The defendant no.1, in compliance of the last order dated 20.08.2024 has filed an affidavit, relevant paragraphs whereof are reproduced as under:-

¶12

“3. Further, it is humbly submitted by the Defendant No. 1 that they will not engage in manufacturing, selling, offering for sale, exporting, advertising, marketing products which in in any manner directly or indirectly use or apply the mark '-COMPLAN-’ and/or -'COMPLAN FAMILY" and or its formative marks/ variants and its associated

¶13

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 31/08/2024 at 11:33:31

¶14

trade dress which is deceptively similar to Plaintiffs registered trademarks "COMPLAN" and/or “COMPLAN FAMILY” or do any other thing as is likely to lead to infringement of Plaintiffs registered trademarks "COMPLAN/COMPLAN FAMILY exclusively owned by the Plaintiffs.

¶15

4. It is humbly submitted by the Defendant No. 1 that they will not manufacture, sale, offer to sale, export, advertise, market any product either directly or indirectly using the marks "COMPLAN" and/or "COMPLAN FAMILY’- and or its formative marks/ variants and/or a packaging including the shape/ colour of the Plaintiffs packaging/labels or any other mark/trade dress/packaging deceptively similar to the Plaintiffs marks/trade dress/packaging amounting to passing off of the Defendant-s products as those of the Plaintiff. 5. It is humbly submitted by the Defendant No. 1 that they will not engage in manufacturing, selling, offering for sale, exporting, advertising, marketing, reproducing, printing and/or in any manner using directly or indirectly a packaging which is a substantial reproduction of the Plaintiffs packaging pertaining to COMPLAN/COMPLAN FAMILY of the plaintiffs in terms of colour combination or arrangement of features or do any other thing as is likely to lead to infringement of Plaintiffs’ copyright in the COMPLAN/COMPLAN FAMILY branded products packaging.

¶16

6. It is further submitted by the Defendant No. 1 that they will permanently take down the listing/pages of “COMPLAN/COMPLAN FAMILY PAPER CUPS” if any available with the Defendant No. 2 portal on permanent basis.”

¶17

In view of the aforesaid, learned counsel appearing for the plaintiff, upon instructions from the plaintiff submits that he does not wish to press for the prayer(s) (v), (vi), (vii) and (viii) in the present plaint and prays that the suit may be decreed in terms of the prayer(s) (i), (ii) and (iii), reproduced below, against the defendant no.1:-

¶18

i. a decree of permanent injunction restraining the Defendants, their directors, partners, employees, officers, servants, agents, subsidiaries, affiliates and any and all others acting for and on their behalf from manufacturing, selling, offering for sale, exporting, advertising, marketing products which in in any manner directly or indirectly use or apply the mark '-COMPLAN-’ and/or -'COMPLAN FAMILY” and

¶19

This is a digitally signed order.

¶20

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 31/08/2024 at 11:33:31

¶21

or its formative marks/ variants and its associated trade dress which is deceptively similar to Plaintiffs registered trade marks ''('OMPLAN” and/or “COMPLAN FAMILY” and or its formative marks/ variants and its associated trade dress, amounting to trade dress and trade mark infringement;_

¶22

ii. a decree for permanent injunction restraining the Defendants, their directors, executives, partners or proprietors, as the case may be, its officers, servants and agents or any other persons acting for and on their behalf from manufacturing, selling, offering for sale, exporting, advertising, marketing any product either directly or indirectly using the marks ''COMPLAN” and/or ''C'OMPLAN FAMILy’- and or its formative marks/ variants and/or a packaging including the shape/ colour of the Plaintiffs packaging/labels mentioned in the present Plaint or any other mark/trade dress/packaging deceptively similar to the Plaintiffs marks/trade dress/packaging amounting to passing off of the Defendant-s products as the Plaintiff or doing any other thing which will lead to Passing off of the goods of the Defendant as those of the Plaintiff;

¶23

iii. a decree for permanent injunction restraining the Defendants, their directors, executives, partners or proprietors, as the case may be, its officers, servants and agents or any other persons acting for and on its behalf from manufacturing, selling, offering for sale, exporting, advertising, marketing, reproducing, printing and/or in any manner using directly or indirectly a packaging which is a substantial reproduction of the Plaintiffs packaging which is a substantial reproduction of the Plaintiffs packaging/labelling identified in the Plaint amounting to Infringement of Copyright of the Plaintiff; ”

¶24

Accordingly, taking note of the submissions made by the learned counsel appearing for the plaintiff as also the affidavit filed by the defendant no.1 in compliance of the last order dated 20.08.2024, the present suit is decreed in terms of prayer(s) (i), (ii) and (iii) of the plaint as reproduced hereinabove against the defendant no.1 under Order XXXIII Rule 3 of the CPC.

¶25

Additionally, a decree of mandatory injunction is passed directing the defendant no.2 for taking down/ suspending/ removing the link i.e. https://www.tradeindia.com/products/COMPLAN-family-paper-glasses-

¶26

This is a digitally signed order.

¶27

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 31/08/2024 at 11:33:31

¶28

4690564.html, as also any other hyperlink with respect to ‘COMPLAIN’ and/or ‘COMPLAN FAMILY MARK’ of the plaintiff.

¶29

According, pending applications are also disposed of.

¶30

Registry is directed to draw up the decree sheet accordingly.

¶31

SAURABH BANERJEE, J

¶32

AUGUST 29, 2024/akr

¶33

This is a digitally signed order.

¶34

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 31/08/2024 at 11:33:31

Zydus Wellness Products Ltd. v. Mr Pankaj Jain Trading as Arpan Food Packaging & Anr.

Case brief

What is this about?

What did the court decide?

Zydus Wellness Products Ltd. v. Mr Pankaj Jain Trading as Arpan Food Packaging & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

Similar cases

Manjari Sharma Vs Apocalypso Filmworks Private Limited & Ors.

M/S Sunshine Velvet Private Limited Vs Mr. Ramesh Kumar Jeevraj Luniya & Ors.

Crystal Crop Protection Ltd. Vs Crystal Corporation & Ors.

B. Braun Medical (India) Pvt. . Ltd. Vs Shankheshwar Impex (Pvt.) Ltd.

Hummel Holding a/S Vs Friske Knits Private Limited

Twc Aviation Capital Limited Vs Spicejet Limited

The Indian Hotels Company Limited Vs Manoj

Castrol Limited Vs Ankit Kesari Chourasiya & Anr.

Manjari Sharma Vs Apocalypso Filmworks Private Limited & Ors.

M/S Sunshine Velvet Private Limited Vs Mr. Ramesh Kumar Jeevraj Luniya & Ors.

Tv Today Network Ltd. Vs Super Cassettes Industries Ltd. and Anr.

Nippon Steel Corporation Vs Controller General of Patents, Designs and Trademarks and Anr.

Anil Kumar Gera Vs Registrar of Copyright and Anr.

Tirupati Udyog Vs the Registrar of Trade Marks & Anr.