Delhi High Court
Sony Corporation vs Mr. Suresh Kaouromal Gambani And ... on 22 October, 2018
11
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1187/2018 & I.As. 14391-14396/2018
SONY CORPORATION ..... Plaintiff
Through: Ms. Anradha Salhotra,
Advocate with Mr. Sumit
Wadhwa, Ms. Mallika
Ahluwalia and Ms. Animika
Majumdar, Advocates.
versus
MR. SURESH KAOUROMAL
GAMBANI AND ANR. ..... Defendants
Through: Mr. Mohan Vidhani, Advocate
with Mr. Rahul Vidhani,
Mr. Ashish Singh and
Ms. Elisha Kumari, Advocates
with defendant No.1 in person.
% Date of Decision: 22nd October, 2018
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present suit has been filed for permanent injunction restraining
infringement of trade mark, passing off, accounts of profits under the
Trade Marks Act, 1999.
2. It is averred in the plaint that the plaintiff is the registered
proprietor of trade mark SONY in around 193 jurisdictions in the
world including in India where the said mark is registered in various
Classes under the Trade Marks Act, 1999.
3. It is further averred in the plaint that the trade mark/name
SONY of the plaintiff has been recognized as a well known mark by
the Courts of law in various decisions such as Kamal Trading Co. Vs.
Gillette U.K. Ltd., 1988 (8) PTC-1 (Bom), Sony Corporation Vs.
Jasbir Singh Kohli & Ors. (2005) IPAB 13 etc.
4. It is alleged in the plaint that the defendant No.1 is the
proprietor of M/s. Ashish Garments and the defendant No.2 is the
brother of defendant No.1. Learned counsel for plaintiff states that the
defendants are selling ladies undergarments under the trade mark
SONY allegedly since 1982.
5. On the last date of hearing, when the present suit was taken up
for consideration, this Court was surprised to note that the defendants'
mark had proceeded to registration without the plaintiff's opposition
to the mark being decided. Consequently, this Court was inclined to
grant an ad interim injunction order.
6. Today, learned counsel for defendants, on instructions of
defendant No.1-Mr. Suresh Kaouromal Gambani, who is personally
present in Court, states that the defendants have no objection if the
present suit is decreed in accordance with para 40(a) and (c) of the
plaint.
7. He further states that the defendants shall in future sell their
goods under the registered trade marks GUDDI (Registration No.
2742352) and LA FAME (Registration No. 2429064).
8. He, however, prays that the defendants be allowed to exhaust
their stock within a period of nine months i.e. 31st July, 2019.
9. Keeping in view the aforesaid statements, learned counsel for
plaintiff does not wish to press for any other or further relief.
10. The statements/undertakings given by the learned counsel for
defendants are accepted by this court and defendants are held bound
by the same.
11. Consequently, present suit is decreed in accordance with para
40(a) and (c) of the plaint which are reproduced hereinbelow:-
"(a) The Defendants, their officers, partner, employees,
servants, agents, representatives, dealers, successors in
title, sister concern(s), associates, subsidiary(ies),
franchisee(s), licensees, or any other person claiming
through or under the Defendants jointly and/or severally
or otherwise whatsoever, be restrained by a permanent
injunction of this Hon'ble Court from using the mark
SONY and/or any other trade mark identical/deceptively
similar to the Plaintiff's mark SONY as a trade mark/ part
of a trade mark, domain name/part of the domain name;
business name or part of a business address and/or in any
other manner whatsoever, which would amount to
infringement of the registered trade mark of the Plaintiff
and/or passing off the services as and for the services of
the Plaintiff or in any manner whatsoever;
(c) The Defendants be ordered to voluntarily withdraw
trademark application No. 618737 in class 25 and
voluntarily cancel the registration No. 451318 in class 25
and to reveal any other trademark either registered or
pending registration consisting of the word SONY as a part
thereof."
12. The defendants are directed to voluntarily withdraw their trade
mark Application No.618737 in Class 25 as well as voluntarily cancel
their Registration No.451318 in Class 25 and withdraw/cancel any
other trademark either registered or pending registration consisting of
the word SONY as a part thereof within a period of four weeks. The
defendants shall also change their business/trade address bearing the
plaintiff's mark, that means, SONY House to any other name that is
not deceptively similar to the plaintiff's mark SONY.
13. The defendants shall place on record an affidavit within a
period of three weeks disclosing the stock in hand bearing the mark
SONY and /or any other mark which is deceptively similar to the mark
SONY. The defendants are directed to dispose of their stock in hand
within a period of nine months i.e. till 31st July, 2019.
14. Accordingly, present suit and pending applications stand
disposed of. Registry is directed to prepare a decree sheet
accordingly.
MANMOHAN, J
OCTOBER 22, 2018
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