CS (COMM) 732/2022 & I.A. 17155/2022
SUJATA CHAUDHRI vs SWARUPA GHOSH
The plaintiff is the proprietor of Sujata Chaudhri IP Attorneys, a law firm engaged primarily in intellectual property litigation. The plantiff was before the Court complaining the infringement and passing off, by the defendant, of the plaintiff’s registered trademark. Matter before the HON’BLE MR. JUSTICE C.HARI SHANKAR.
FACTS OF THE CASE
The plaintiff was the proprietor of the following registered trademark:
The plaint complained of infringement and passing off, by the defendant, of the plaintiff’s registered trademark by using the following marks
Summons was issued to the defendant and consequently, the defendant had filed an affidavit on16th November 2022, agreeing to give up the above shown marks and use the below shown marks in their place and adopt them as the logos. This was with effect from 1st January 2023.
Ms. Shahi learned Counsel appearing for the defendant submitted that the mentioned changes had already taken place and effect from 1st January 2023, the defendant was no longer using the disputed marks.
She further stated that the defendant had initially filed an application for rectification and an opposition for removal of the plaintiff’s mark from the Register of Trade Marks but consequent to withdrawal of the said applications, the plaintiff’s mark is currently being reflected as “registered” on the website of the Registry of Trademarks.
Mr. Mahant, learned Counsel appearing for the plaintiff submitted that his client would not be pressing for costs and damages, rather sought refund of the court fees which were deposited by the plaintiff.
The Court held that the suit stood decreed in terms of the statements made in Court and the affidavit of 16th November 2022 filed by the defendant.
The Court also stated that the plaintiff was also entitled to receive the refunded of the paid court fees.
Thus, also disposing the miscellaneous application.
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JUDGEMENT REVIEWED BY ADITYA G S.