Delhi High Court
V Gaurd Industries Ltd. vs Taisong Chong And Ors. on 11 November, 2020
$~8(original side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ I.A. 8542/2020 in CS(COMM) 105/2020
V GAURD INDUSTRIES LTD. ..... Plaintiff
Through Mr. Sachin Gupta and Mr.
Pratyush Rao, Advs.
versus
TAISONG CHONG AND ORS. ..... Defendants
Through: Mr. Shantanu Sahay and Ms.
Imon Roy, Advs. for D-2 and D-3
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 11.11.2020
(Video-Conferencing)
I.A. 8542/2020 in CS(COMM) 105/2020
1. The prayer clause in the present suit reads thus:
"43. It is therefore, respectfully prayed that this Hon'ble
Court may be pleased to grant the following reliefs in favour
of the Plaintiff and against the Defendants:
(a) A decree for permanent injunction restraining
the Defendant No.l from maintaining, registering or
dealing under the impugned domain name
'vguard.com', or any other domain name/ trade
mark/trade name as may amount to infringement of the
Plaintiff's well-known registered trade mark V-
GUARD registered under nos. mentioned in para 8 of
the plaint;
for transferring the impugned domain 'vguard.com' or
any other domain name as may be deceptively similar
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:15.11.2020
13:34:56
to the Plaintiff's trade mark V-GUARD in favour of the
Plaintiff;
(c) A decree for INR Two Crore and One thousand
only (INR 2,00,01,000/-) towards token damages may
be passed in favour of the Plaintiff and against the
Defendant No. 1;
(d) An order for costs in the proceedings;
(e) Any further orders as this Hon'ble Court may
deem fit and proper under the facts and circumstances
of the present case."
2. Defendant No.1 is the registrant of the domain name
"vguard.com". Defendant No. 2 is the Domain Name Registrar of the
said name and Defendant No. 3 is the Indian subsidiary of Defendant
No.2.
3. Vide order dated 6th March, 2020, this Court restrained the
defendants from transferring, or registering any transfer of, the domain
name "www.vguard.com".
4. The present application, at the instance of the plaintiff, places,
on record, an e-mail, dated 17th September, 2010, by Defendant No. 1,
which reads thus:
"From: Taesong Chong <[email protected]>
Sent: Thursday, September 17,2020 3:22 AM
To: Courtdisputes-GD <[email protected]>
Cc: [email protected];[email protected] vguard.in;
Sachin Gupta [email protected] sgassociate.com
Subject: Dispute domain. Transfer vguard.com to V Guard
Industries Ltd.
To Disputes Administrators
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:15.11.2020
13:34:56
I'm the owner of vguard.com and I have agreed that the
disputed domain vguard.com transfer to V Guard Industries
Ltd without any cost.
Please transfer the domain to V Guard Industries Ltd. asap.
Best Regards,
Taesong Chong
[email protected]"
5. Additionally, an e-mail communication dated 18th September,
2020, from Defendant No. 2, as well as a written communication,
from learned counsel for Defendant Nos. 2 and 3, to learned counsel
for plaintiff, stating that, in compliance with the order of this Court,
they have placed a lock on the impugned domain name
"www.vguard.com" consequent to order dated 6th March, 2020 of this
Court, have also been placed on record.
6. On the last date of hearing i.e. 4th November, 2020, Defendant
No. 1 was present in person and stated that he had no objection if the
aforesaid domain name "www.vguard.com" was transferred in favour
of the plaintiff. Nevertheless, this Court deemed it appropriate to
direct him to send a written communication to the court to the said
effect.
7. Pursuant thereto, and in compliance with the said direction, an
e-mail, dated 4th November, 2020, addressed by Defendant No. 1 (Mr.
Taisong Chong), to the plaintiff, as well as Defendant Nos. 2 and 3,
reading as under, has been placed on record:
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:15.11.2020
13:34:56
"Your honor,
I have no objection to the disputed domain name vguard.com
is transferred to the paintiff Vguard Industries Limited
without any cost.
Best Regards,
Taesong Chong
+82-10-6708-7724"
The aforesaid document has been placed on record under cover of an
affidavit dated 5th November, 2020, of learned counsel for the
plaintiff, Mr. Sachin Gupta.
8. As such, it appears that the Defendant No. 1 is agreeable to
transfer the aforesaid domain name "www.vguard.com", in favour of
the plaintiff.
9. Mr. Sachin Gupta, learned counsel for the plaintiff, submits that
this would set at rest the grievance of the plaintiff in the plaint and that
nothing further would survive for adjudication.
10. In view of the above, Defendant Nos. 2 and 3 are directed to
transfer the aforesaid domain name "www.vguard.com", in favour of
the plaintiff.
11. The restraint on such transfer, as imposed vide order dated 6th
March, 2020, passed by this Court, is accordingly lifted.
12. As nothing survives for adjudication in the suit, the suit stands
decreed in the aforesaid terms. The application stands disposed of.
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:15.11.2020
13:34:56
13. Decree-sheet be drawn-up by the Registry accordingly.
14. As the dispute has been resolved without contest, the plaintiff
would be entitled to refund of the court fees deposited by it. The
Registry is directed to do the needful accordingly.
C. HARI SHANKAR, J.
NOVEMBER 11, 2020
dsn
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:15.11.2020
13:34:56
