M/S Inter Ikea Systems Bv vs Akea Furniture Solutions
2017 Latest Caselaw 7147 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(COMM) 500/2017 & I.A.No.8601/2017

      M/S INTER IKEA SYSTEMS BV               ..... Plaintiff
                          Through       Ms.Tanya Verma with
                                        Ms.Paulami Ganguly, Ms.Eva
                                        Bishwal and Ms.Pritika Kohli,
                                        Advocates.
                          versus

      AKEA FURNITURE SOLUTIONS                  ..... Defendant
                          Through       Ms.Radhika Chandrashekhar,
                                        Advocate.


%                               Date of Decision: 11th December, 2017

CORAM:
HON'BLE MR. JUSTICE MANMOHAN

                           JUDGMENT

MANMOHAN, J: (Oral)

1. Present suit has been filed for permanent injunction restraining infringement of trademark, passing off, rendition of accounts, damages and deliver up.

2. On 31st July, 2017, this Court had passed a detailed injunction order restraining the defendant from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in the products under

the mark AKEA or any other similar or identical mark with that of the plaintiff's mark IKEA.

3. Today learned counsel for the defendant states that the defendant has stopped using the impugned mark AKEA. She further states that the defendant has no objection if the present suit is decreed in accordance with the prayers 35 (a) and (b) of the plaint.

4. In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press for other reliefs prayed for and specifically gives up prayers 35 (c), (d), (e) and (f) of the plaint. However, learned counsel for the plaintiff points out that the impugned mark AKEA of the defendant is being shown on the following third parties websites:-

Justdial https://www.justdial.com/Bangalore/Akea Compliance Defendant's

-Furniture-Solutions-Near-Corner- letter sent by name still Showroom-Shivaji-Nagar/080PXX80-

Defendants unchanged XX80-130131154700-X3A3 BZDET

Indiamart https://www.indiamart.com/ Compliance Defendant's company/4103953/#home letter sent by name still Defendants unchanged

Indiacom http://www.indiacom.com/bangalore/akea Compliance Defendant's

-furnituresolutions bangalore bgl letter not name 979246.html sent continues

Ebuild https://ebuild.in/akea-furniture-solution- Compliance Defendant's bangalore letter not name sent continues

Webindia http://city.webindia123.com/ Compliance Defendant's d-t/karnataka/bangalore/akea-furniture-

letter not name

solution/68179 sent continues

Dealer http://www.dealerservicecentre.in/list/mat Compliance Defendant's service tress/godrej- letter not name interio/karnataka/bangalore/akea-

centre                                                   sent        continues
            furniture-solutions/1712743

Asklaila.   https://www.asklaila.com/listing/            Compliance Defendant's
                                                         letter  not name
com         Bangalore/shivaji-nagar/akea-
                                                         sent        continues
            furniture-and-
            solutions/EYz5HgOF/

5. Learned counsel for the defendant states that she has already written a letter to Indiamart to remove the impugned name/mark.

6. The statements and undertakings given by both the counsel are accepted by this Court and the parties are held bound by the same. This Court directs the third parties i.e. Justdial, Indiamart, Indiacom, Ebuild, Webindia, Dealer service centre and Asklaila.com to remove/delete the impugned name/mark AKEA from their websites within four weeks.

7. Consequently, the present suit is decreed in accordance with the prayers 35 (a) and (b) of the plaint. Registry is directed to prepare a decree sheet accordingly.

MANMOHAN, J DECEMBER 11, 2017 KA