M/S Kisan Mouldings Ltd vs M/S Adarsh Pvc Pipes Pvt Ltd
2015 Latest Caselaw 7689 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2618/2015 & IAs No.18231-32/2015
       M/S KISAN MOULDINGS LTD                         ..... Plaintiff
                     Through : Mr. D.K. Yadav, Advocate

                            versus

       M/S ADARSH PVC PIPES PVT LTD              ..... Defendant
                     Through : Ms. Nirmal, Advocate.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 07.10.2015

1. This order is in continuation of the orders dated 2.9.2015 and

24.9.2015.

2. On 2.9.2015, counsel for the defendant had entered appearance

and stated on instructions that the defendant has stopped

manufacturing the PVC pipes, flexible pipes, etc., and it has also

stopped using the impugned trade name/label "KISSAN VERSHA"

about three months ago. She had further stated that the defendant is

taking steps to withdraw its pending application for registration of the

trade name, "KISSAN VERSHA".

3. In view of the aforesaid submission, the defendant was directed

to file an affidavit, through a competent officer, placing on the

above lines and file proof of applying to the Trademark Registry for

withdrawal of its application for registration of the trade name

"KISSAN VERSHA" or any other mark which is identical/deceptively

similar to the plaintiff's trademark/trade name "KISAN".

4. Now, an affidavit dated 3.10.2015 has been filed by the

defendant, wherein it has acknowledged that the plaintiff is the sole

and exclusive owner of the trademark "KISAN", as detailed in para 3 of

the affidavit. The defendant has undertaken to refrain from using the

plaintiff's registered trademark "KISAN". It has been stated that the

defendant has stopped manufacturing any goods under the trademark

"KISAN" for the past four months. Further undertakings have been

given by the defendant in para 6 of the affidavit. In para 7, the

defendant has stated that it has applied to the Trademark Registry for

withdrawal of the marks "KISSAN VERSHA" and "KISSAN DHARA" in

different classes and has undertaken not to file any further

applications for registration of the mark "KISAN" or any trademark,

that is identical/deceptively similar to the plaintiff's registered

trademark/trade name "KISAN".

5. Counsel for the plaintiff states that he has received a copy of the

affidavit and his client is satisfied with the same. He requests that the

suit may be decreed in terms of the said affidavit.

6. Accordingly, the affidavit filed by the defendant is taken on

record. The defendant shall remain bound by the undertakings given in

the aforesaid affidavit. As counsel for the defendant states that the

defendant has stopped manufacturing any goods under the trademark

"KISAN", they are directed to exhaust their inventories, if any, within

one month from today and give a written intimation to the said effect

to the plaintiff within two weeks thereafter.

7. The suit is decreed in terms of the affidavit filed by the

defendant. Decree sheet be drawn accordingly.

8. The suit is disposed of along with the pending application.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 07, 2015 sk/ap