Chaini Parwani –
Published On: November 09, 2021 at 20:53 IST
A Delhi Court eliminated a Lawsuit filed by Bennett Coleman & Co. Ltd. against organizations concerned in acknowledging gifts and other accessories on their web portals claiming Trademark Infringement and use of its mastheads in view of a Settlement Agreement with the defendants with nominal damages of Re. 1.
District Judge Man Mohan Sharma of the Tis Hazari Court while dismissing the Lawsuit with reference to the Settlement Agreement stated “The settlement between the plaintiff and defendant nos. 1, 2, 7 and 11 respectively is accepted. A Consent Decree is accordingly passed vis-a-vis the plaintiff and defendant nos. 1, 2, 7 and 11 and the respective settlement agreements, which for the purpose of identification are Ex. X-5, X-6, X-7 and X-8 are respectively and made an integral part of this order and the decree. The suit stands disposed of vis-a-vis the plaintiff and the defendant nos. 1, 2, 7 and 11 as settled in above terms.”
The Lawsuit was filed against 12 organizations but the settlement appeared with 4 Defendants namely Giftcart Commerce Pvt. Ltd., Infureka Technologies Pvt. Ltd., Mystical Moments Wedding Services Pvt. Ltd., and Huppme Ecom Network Pvt. Ltd.
Advocate Rahul Malhotra representing Bennett Coleman & Co. Ltd claimed that on perusal it was highlighted that the Trademark and Mastheads of Bennett Coleman Company were being employed by the Defendants on their customized and personalised gifts, décor, accessories, etc. which were corresponding or similar to misguide the Public at large to the effect that they were related to the Plaintiff company.
Further the Lawsuit pleaded Decree of Permanent Injunction restricting the Defendants from Manufacturing, Selling, Offering for sale, Advertising, directly or indirectly using and infringing the trademarks namely ‘Times of India’, ‘Economic Times’, etc. belonging to the Plaintiff Company and other deceptively identical or corresponding Trademark on the goods and services being anticipated by them to their customers on the web portals or otherwise.
Furthermore, the issue is Adjourned for a hearing on December 18 for the appearance of other served Defendants in the matter.
Plaintiff was represented by Ld. Counsel Mr. Rahul Malhotra, Defendant No. 1, 2 & 10 was represented by Ld. Counsel Ms. Anushkaa Arora, Principal & Founder, ABA Law Office, The Defendant No. 7 was represented by Mr. Rahul Shukla.
Also Read: Maintainability of Injunction suits in Sarfaesi Act