Delhi High Court
Hamdard National Foundation ... vs Jeevan Reasearch Institute Llp & ... on 16 September, 2016
$~29.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1276/2016
HAMDARD NATIONAL FOUNDATION (INDIA) & ANR
..... Plaintiffs
Through: Mr. N.K.Anand, Advocate with
Mr. Javed Akhtar, Mr. Shivendra Prasad Singh and
Mr. Sunil Mishra, Advocates
versus
JEEVAN REASEARCH INSTITUTE LLP & ANR..... Defendants
Through: Mr. Gurvinder Singh, Advocate with
Mr. K.K. Gupta, AR of D-1.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 16.09.2016
CAVEAT 809/2016
1. Learned counsel enters appearance for both the defendants and states
that he has received a complete set of the paper book.
2. Accordingly, the caveat stands discharged.
CS(COMM) 1276/2016 and I.A. 11351-11353/2016
1. The plaintiffs have instituted the present suit for permanent injunction
to restrain the defendants from infringement of the trade mark/shape mark,
trade dress, passing off, rendition of accounts, delivery up, damages etc.
2. The plaintiffs are aggrieved by the act of the defendants of adopting
Five Ringlets Bottles with a yellow cap in respect of the product
manufactured by the defendant No.2 and marketed by the defendant No.1
under the name, "SHARBAT-E-SHAHI", which is stated to be deceptively
similar to the Five Ringlets Bottle used by the plaintiffs in respect of their
product, "ROOH AFZA".
3. Learned counsel for the defendants fairly states that he has obtained
instructions from his clients to the effect that they shall forthwith stop
manufacturing the Five Ringlets Bottles with the yellow cap.
4. However, Mr. Anand, learned counsel for the plaintiffs states that the
defendants be called upon to clarify as to the number of bottles presently
available in their stock.
5. Learned counsel for the defendants states on instructions that at
present, the defendants have a stock of 35,000 bottles and they seeks six
months' time to exhaust the said stock.
6. The aforesaid suggestion is unacceptable to the other side. After
some negotiations, it has been agreed by the parties that the defendants shall
exhaust their entire stock of Five Ringlets Bottles on or before 30.11.2016
and shall file an affidavit of compliance by 01.12.2016, with a copy to the
other side specifying inter alia the remaining number of bottles left with
them. Thereafter, a notice shall be given by the defendants to the plaintiffs
for fixing a date to destroy the remaining stock, if any.
7. The present suit is disposed of while binding the defendants to their
statement recorded hereinabove. If the defendants fail to file the affidavit
within the first week of December, 2016 as directed above, then the
plaintiffs shall be entitled to approach the Court for appropriate orders.
8. The suit is disposed of alongwith the pending applications.
HIMA KOHLI, J
SEPTEMBER 16, 2016
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