Delhi High Court
Ahuja Radios vs Neeraj Goel on 26 May, 2022
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 26th May, 2022.
+ CS (COMM) 92/2021 & I.As. 2727/2021, 2729/2021
AHUJA RADIOS ..... Plaintiff
Through: Mr. Saif Khan, Mr. Shobhit Agarwal
and Mr. Deepank Singhal, Advocates.
(M:9782830038)
versus
NEERAJ GOEL ..... Defendant
Through: Mr. Awadhesh Kumar, Advocate.
(M:9313329171)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff seeking permanent
injunction restraining infringement of trademark, copyright, passing off,
dilution, damages and other reliefs in respect of its trademark 'AHUJA'
which was adopted in 1940 in respect of Public Address Systems and Audio
Equipment. The Plaintiff - Ahuja Radios is a market leader and the largest
manufacturer of such equipment. It is engaged in the development,
manufacturing, marketing and export of amplifiers, mixers, microphones
and speakers and other audio equipment under the mark 'AHUJA'. It is
stated to have a dealer network consisting of 400 dealers selling its products,
which are being exported to more than 50 countries across 5 continents. The
Plaintiff has a large clientele including various government establishments
and private establishments, airports, embassies, colleges, universities,
cinema halls, auditorium etc. The Plaintiff has received various awards for
Signature Not Verified
By:DEVANSHU
JOSHI
its PA & Audio Systems.
3. The mark 'AHUJA' is also a registered trademark since 6th
November, 1948. The details of the registrations of the Plaintiff are as
under:
S. Trademark Reg. No. Date Class of Goods
No.
1. AHUJA 136189 6.11.1948 [CLASS 9]:
(word per se) Amplifiers,
transformers and
parts thereof not
included in other
classes
2. 313757 6.4.1976 [Class 9]:
Amplifiers (sound),
(Device) microphones, radio
receiving apparatus
for reproducing
sounds, tape
recorders, electric
battery chargers,
pick-ups and
electrograph,
microphone stands,
loudspeakers and
horns all including in
class 9
4. The Plaintiff's mark 'AHUJA' is also registered in more than 20
countries in the world including Sri Lanka, Thailand, Indonesia, Jordan,
South Africa, Greece, Singapore, Turkey, Saudi Arabia, UAE, United
Kingdom and China. The Plaintiff's sales turnover for the year 2018-19 was
approximately Rs.750 crores.
5. The Plaintiff is aggrieved by the Defendant's adoption of the mark
Signature Not Verified
By:DEVANSHU
JOSHI
'AHUJA'. The Defendant- M/s Young Electronics N.R. Wala Serial No 51,
Shop Number. 40/313, Diwan Hall Road, Chandni Chowk, is a sole
proprietorship concern of Mr. Neeraj Goel. The Plaintiff acquired
knowledge that in January, 2021 the Defendant had adopted the mark
'AHUJA' and was selling sound equipment systems under the mark
AHUJA. The price of the Defendant's products was roughly 50% of the
genuine price of the Plaintiff's products. The present suit was, therefore,
filed seeking injunctions and other reliefs.
6. Vide order dated 22nd February, 2021, this Court had granted an ex
parte injunction restraining the Defendant from using the mark 'AHUJA' or
the device of AHUJA. The operative portion of the said order reads as
under:
"7. The defendant, his principal officers, partners,
servants, representatives, agents, distributors and
any other persons acting for and on behalf of the
defendant are hereby restrained from dealing in
any goods under the trade mark AHUJA and/or
AHUJA DEVICE or any other trade
mark/ device/ logo deceptively similar to the
Plaintiff's trade mark, device or doing any other
act as is likely to lead to infringement of registered
trade mark nos. 136189 and 313757 in class 9,
and passing off its infringing goods as those
originating from the plaintiff till the next date of
hearing."
7. Vide the above order dated 22nd February, 2021, a Local
Commissioner was also appointed, who visited the premises of the
Defendant and had prepared an inventory of approximately 16 devices
bearing the mark 'AHUJA'. The photographs of the products also show that
Signature Not Verified
By:DEVANSHU
JOSHI
the mark 'AHUJA' was contained in the said packaging as well on the
products themselves. The said products are lying under superdarinama
with the Defendant.
8. After receiving the summons and the commission being executed, an
affidavit dated 10th November, 2021, has been filed by Mr. Neeraj Goel, as
per which the deponent has stated as under:
"1. That, the deponent submits that the deponent is the
Proprietor of the defendant in the above said matter and he is
fully conversant about the facts and the circumstances of the
case.
2. That, defendant does not intend to use the trademark AHUJA
with or without Ahuja device. Defendant undertakes to this
Hon'ble Court that he shall not sell or deal in any public
address system and sound equipment under the trade mark
AHUJA with or without the AHUJA DEVICE. Defendant shall
ever abide by this undertaking. Defendant is a very small time
trader. Financial condition of Defendant is not good Defendant
will also hand over the goods that were seized by the Local
Commissioner and given to Defendant on Superdari to the
Representative of the Plaintiff."
9. As per the said affidavit, the Defendant has agreed not to sell or deal
with public address system or sound equipment under the mark 'AHUJA' .
He has also agreed to hand over the AHUJA branded products in his custody
to the Plaintiff.
10. In view of the undertaking given by the Defendant, the suit is liable to
be decreed in terms of paragraphs 28(a), (b) and (c) of the plaint.
11. The undertaking of the Defendant is accepted. However, considering
that the Defendant and the Plaintiff have agreed to resolve this matter
amicably in view of the affidavit of the Defendant, the Plaintiff's pray for
only Rs.1,00,000/- to be paid as a nominal cost by the Defendant.
Signature Not Verified
By:DEVANSHU
JOSHI
Accordingly, the Defendant shall pay a sum of Rs. 1,00,000/- to the
Plaintiff, within a period of four weeks.
12. Since the Defendant has agreed to deliver all the inventoried products
to the Plaintiff the Plaintiff's representative may visit the Defendant's
premises on 20th June, 2022, at a mutually convenient time, so that he can
accept the demand draft for the sum of Rs.1,00,000/- and the inventoried
products can be handed over to the Plaintiff.
13. The suit is decreed in the above terms and in terms of paragraphs
28(a), (b) and (c) of the plaint. Decree sheet be drawn accordingly.
Remaining reliefs are not pressed. All pending applications are also disposed
of.
14. In view of the fact that the matter has been amicably resolved, full
Court fee is directed to be refunded to the Plaintiff, through counsel.
PRATHIBA M. SINGH
JUDGE
MAY 26, 2022
dj/ms
Signature Not Verified
By:DEVANSHU
JOSHI
