Delhi High Court
Gripple Limited & Anr. vs Absolute Air Solutions & Ors. on 21 August, 2023
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 426/2021
GRIPPLE LIMITED & ANR. ..... Plaintiffs
Through: Mr. Manish Paliwal, Mr.
Abhinav Bhalla and Ms. Nitya Sharma,
Advs.
Versus
ABSOLUTE AIR SOLUTIONS & ORS. ..... Defendants
Through: Mr. Abhinav Garg and Mr.
Chandrasekhar A. Chakalabbi, Advs. for D-
1
Mr. Rahul Dubey, Adv. for D-2 & D-3
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 21.08.2023
CS(COMM) 426/2021 and I.A. 11612/2021 (under Order XXXIX
Rules 1 and 2 of the CPC)
1. The plaintiff is the registered owner of the following
trademarks:
S. Trademark/ Reg. No. Reg. Date Certification Class
No. Device Mark Date
1. 1414293 17/01/2006 05.08.2008 06
2. 1967929 19/05/2010 07.09.2016 06
3. GRIPPLE 3297745 29/06/2016 21.05.2019 06, 08,
4. GRIPPLE 3297746 29/06/2016 12.09.2020 06, 08
5. GRIPPLE 3297747 29/06/2016 21.05.2019 06
6. GRIPPLE 3297748 29/06/2016 12.04.2017 06
7. GRIPPLE 3297749 29/06/2016 14.04.2017 06
Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:22.08.2023
13:35:13
8. GRIPPLE 3297750 29/06/2016 21.02.2018 19
9. GRIPPLE 3611637 12/08/2017 12.09.2019 37, 42
2. The plaintiff uses its GRIPPLE marks, in word and device form,
for wires, cables, fasteners, hooks and other such goods which are
used to hang signs, neon signs etc.
3. The plaintiff is aggrieved by the fact that the defendants are
using the word GRIPPLE for similar goods, i.e. wire rope Supports.
4. Though arguments were heard on this application for some
time, the Court is saved the exercise of having to adjudicate thereon in
view of a statement made by learned Counsel for Defendants 2 and 3,
on instructions, that they have never used, and do not intend to use,
the word GRIPPLE, and a statement made by learned Counsel for
Defendant 1, on instructions, that his client would not use the word
GRIPPLE in future.
5. Defendants 1 to 3 submit that, if the plaintiffs are willing forgo
damages and costs, they are willing to undertake that they would not
use the word GRIPPLE or any other deceptively similar word or mark
in respect of wires, cables, fasteners, hooks or any other allied or
cognate goods hereafter.
6. In view of the said statement, Mr. Manish Paliwal, learned
Counsel for the plaintiffs, on instructions, submits that his client is
willing to give up the claims for damages and costs.
7. In view of the aforesaid, nothing survives for adjudication in the
Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:22.08.2023
13:35:13
suit.
8. There shall accordingly be a decree of permanent injunction
restraining the defendants as well as all other acting on their behalf
from using the word GRIPPLE either in word or device form in
respect of wires, cables or any other electrical items or any other
goods which are allied or cognate therewith, hereafter. The
defendants would also take steps to ensure that, if the word GRIPPLE
is reflected on any physical or virtual platform or website, the said
representation shall be taken down or removed within a period of one
week from today.
9. Subject to the above, the Court does not pass any order with
respect to damages and costs as learned Counsel for the plaintiffs has
very fairly agreed to forgo the same.
10. In view thereof, the suit stands decreed in the above terms. Let
a decree-sheet be drawn up by the Registry accordingly.
11. Miscellaneous application also stands disposed of.
C.HARI SHANKAR, J
AUGUST 21, 2023
ar/rb
Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:22.08.2023
13:35:13
