Delhi High Court
Lifelong Online Retail Private ... vs Ms Anita Gupta on 8 December, 2022
Neutral Citation Number : 2022/DHC/005419
$~12(Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 424/2022 & I.A. 17712/2022
LIFELONG ONLINE RETAIL PRIVATE LIMITED
..... Plaintiff
Through: Mr.Ankur Sangal, Ms.Sucheta
Roy and Ms.Trisha Nag, Advs.
versus
MS ANITA GUPTA ..... Defendant
Through: Ms.Deepika Pokharia, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT(ORAL)
% 08.12.2022
1. The plaintiff, in this plaint, asserts proprietorial rights in respect
of the trademark , which is registered in favour of
the plaintiff under Classes 7, 9, 10, 11, 12 and 28 of the Schedule to
the Trademark Rules in respect of various kinds of consumer durables.
The plaint asserts that the plaintiff has accumulated considerable
goodwill in respect of its marks.
2. The defendant has applied for registration of the mark
for beard clippers; razors, hair clippers and
depilatory appliances, electric trimmers etc with the Registry of
Trademarks on a proposed to be used basis on 12 th February 2021.
The said proposed mark, submits the plaintiff, would infringe the
plaintiff's registered trademarks.
CS(COMM) 424/2022
Digitally Signed
By:KAMLA RAWAT
Signing Date:09.12.2022
16:11:14
Neutral Citation Number : 2022/DHC/005419
3. Ms. Deepika Pokharia, learned Counsel for the defendant
submits, on instructions, that her client has never commenced using
the impugned mark and also undertakes not to use the impugned mark
for any goods or services, albeit without prejudice to their rights and
contentions in the present case as they do not admit the factum of
infringement.
4. Nonetheless, in view of the fact that the defendant has
undertaken not to use the mark, the grievance of the plaintiff in the
present case stands assuaged.
5. Ms. Deepika Pokharia also submits that they would withdraw
their application for registration of the impugned mark from the
Registry of Trademarks.
6. The prayer clause in the present case reads as under:
"It is therefore prayed that this Hon'ble Court may be pleased to
grant:
(i) A decree of permanent injunction restraining the
Defendant, its proprietor, its principal officers, servants,
distributors, licensees, and agents, and all others acting for
and on behalf of the Defendant, from manufacturing,
selling, distributing, offering for sale, advertising, directly
or indirectly dealing in any goods, under the Impugned
Mark -"Lifelong" or any other mark as may be identical to
or deceptively similar with the Plaintiff's registered trade
mark "Lifelong", so as to cause infringement of the
Plaintiff's Trade Marks;
(ii) A decree of permanent injunction restraining the
Defendant, its proprietor, its principal officers, servants,
distributors, licensees and agents, and all others acting for
and on behalf of the Defendant, from manufacturing,
selling, distributing, offering for sale, advertising, directly
or indirectly dealing in any goods, under the Impugned
Mark "Lifelong" or any other mark as may be identical to
or deceptively similar with the Plaintiff's Trade Marks
CS(COMM) 424/2022
Digitally Signed
By:KAMLA RAWAT
Signing Date:09.12.2022
16:11:14
Neutral Citation Number : 2022/DHC/005419
"Lifelong", so as to cause confusion or deception leading to
passing off of the Defendant's goods as those of the
Plaintiff;
(iii) A decree of permanent injunction restraining the
Defendant, its proprietor, its principal officers, servants,
distributors, licensees and agents, and all others acting for
and on behalf of the Defendant, from manufacturing,
selling, offering for sale, distributing, advertising, directly
or indirectly dealing in any goods, under the Impugned
Mark "Lifelong" or any other mark as may be identical to
or deceptively similar with the Plaintiff's Trade Marks
"Lifelong", so as to cause confusion or deception leading to
unfair trade practice;
(iv) An order of permanent injunction restraining the
Defendant to not write to any third party including the e-
commerce platforms to take down the Plaintiff's products
having the Plaintiff's Trade Mark "Lifelong";
(v) An order for delivery up of all the infringing
material having the Impugned Mark "Lifelong" including
printed material, packaging material, containers, posters,
blocks, dyes, stationery material or any other printing
material;
(vi) An order of rendition of accounts of the Defendant
to show all illegal gain made by the Defendant by selling its
goods under the Impugned Mark "Lifelong";
(vii) A decree of damages of INR 2,00,05,000/- or any
other amount which is ascertained at a later stage. The
Plaintiff undertakes to deposit necessary additional court
fee as may be directed by this Hon'ble Court on a later
stage;
(viii) Costs of the litigation be awarded to the Plaintiff;
and/or
(ix) Any other order(s) as this Hon'ble Court may deem
fit and proper in the facts and circumstances of the present
case."
7. There shall be a decree in terms of prayers (i) to (iv) in the
plaint. The remaining prayers do not survive for consideration in
view of the statement made by learned Counsel for the defendant
CS(COMM) 424/2022
Digitally Signed
By:KAMLA RAWAT
Signing Date:09.12.2022
16:11:14
Neutral Citation Number : 2022/DHC/005419
today.
8. The suit stands decreed in the above terms.
9. The Registry is directed to draw up a decree sheet accordingly.
10. The plaintiff would be entitled to refund of the court fee
deposited by it.
C.HARI SHANKAR, J
DECEMBER 8, 2022/kr
CS(COMM) 424/2022
Digitally Signed
By:KAMLA RAWAT
Signing Date:09.12.2022
16:11:14
