Delhi High Court
Revolution Clothing Pvt. Ltd. vs Liberty Footwear Co. on 21 May, 2019
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21st May, 2019
+ CS(COMM) 522/2018 & CC 536/2004
REVOLUTION CLOTHING PVT. LTD. ..... Plaintiff
Through: Mr. Sahil Sehti & Mr. Shivam
Sharma, Advocates (M-8800373757)
versus
LIBERTY FOOTWEAR CO. ..... Defendant
Through: Mr. Shobhit Aggarwal & Mr. Devesh
Ratan, Advocate (M-9650271872)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. The present suit and counter claim have been filed in respect of the
trademark/name - 'REVOLUTIONS'. The case of the Defendant Liberty
Footwear Co., (hereinafter 'Liberty') is that it started using the name
'REVOLUTIONS' in respect of fashion shows since the year 1995. The said
name/mark was used for exhibitions, fashion clothing, accessories and
related services. The first use of this name/mark was at an event conducted
on 18th October, 1995 at Hotel Jai Mahal Palace, Jaipur. Thereafter, various
events and shows have been held by Liberty wherein the name
'REVOLUTIONS' has been used along with the names of well-known
fashion designers. Liberty has used various hybrid and derivative names
such as 'REVOLUTIONS LAUNCH', 'REVOLUTIONS with Ashish
Soni', 'REVOLUTIONS STALL', 'REVOLUTIONS with Rina Dhaka',
'LIBERTY REVOLUTIONS', 'LIBERTY REVOLUTIONS with CUE',
'LIBERTY REVOLUTIONS MADE IN INDIA', etc. Liberty also applied
for copyright registration of the 'REVOLUTIONS' label which is registered
bearing no. A-54028/97. It had also applied for registration of the trade mark
'REVOLUTIONS'.
2. Liberty acquired knowledge that M/s Revolution Clothing Pvt. Ltd.
(hereinafter 'RCPL') started using the mark/name 'REVOLUTIONS' for
their garments and other clothing. Accordingly, it issued a legal notice dated
5th August, 2003. This led to the filing of the present suit by RCPL against
Liberty. In the suit, the prayer sought by RCPL is that Liberty ought not to
launch any clothing under the brand name 'REVOLUTIONS' as the said
mark/name has been merely used for fashion shows and not on the goods
themselves. Liberty filed its written statement and also filed a counter claim
seeking an injunction against RCPL from using the mark/name
`REVOLUTIONS' for goods of its manufacture and sale, as also from using
the same as part of its trading style. Both the suit and the counter claim are
pending adjudication.
3. The matter is listed for final hearing. In the course of the arguments,
Ld. counsel for RCPL has obtained instructions. It is submitted by him that
the Plaintiff - RCPL no longer wishes to use the name/mark
'REVOLUTIONS' in respect of clothing, fashion, accessories, etc. and
accordingly is willing to suffer an injunction in respect of the same. In view
of the statement made by Ld. counsel for RCPL, under instructions from Mr.
Pranay Somai, who is one of the Director/promoter of RCPL, a decree of
permanent injunction is passed restraining RCPL, its promoters/Directors/
employees/distributors/shareholders or anyone acting for or on its behalf
from selling, manufacturing, offering for sale any clothing/garments or
accessories thereof under the mark/name 'REVOLUTIONS' including use of
the word 'REVOLUTIONS' as part of the trading style of the company.
4. The said decree would come into effect from 1st September, 2019, as
RCPL would be applying for change of name with the Registrar of
Companies. In view of the statement made by the Ld. counsel for RCPL, the
Ld. counsel for Liberty does not press for any rendition of accounts or costs.
The suit is dismissed as not pressed. The counter claim is decreed in the
above terms. The above order is passed with consent of parties. Decree sheet
be drawn. No order as to costs.
PRATHIBA M. SINGH
JUDGE
MAY 21, 2019
Rahul
