$~Suppl.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 531/2019, I.A.12559/2021 (by the plaintiffs under

Order XXXIX Rules 1 & 2 read with Section 151 CPC)

MR. RAJAN KANWAR & ANR. ..... Plaintiffs

Through: Ms. Shikha Sachdeva, Ms.

Mugdha Palsule Advocates

versus

M/S. SAFIR ENTERPRISES ..... Defendant

Through: Mr. Anwesh Madhukar, and
Mr.Pranjal Shekhar, Advocates.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 27.09.2021

I.A.12559/2021 (by the plaintiffs under Order XXXIX Rules 1 & 2

read with Section 151 CPC)
1. This application has been filed by the plaintiffs under Order
XXXIX Rules 1 & 2 with the following prayers:

A. An ad interim and interim injunction

restraining the Defendant, its principals,
proprietor, partners, officers, employees,
agents, distributors, suppliers, affiliates,
subsidiaries, franchisees, licensees,
representatives, group companies and assigns
from:
i) manufacturing, or authorizing the
manufacture distributing, exporting,
selling, offering for sale, advertising,

CS(COMM) 531/2019 Page 1 of 4

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 promoting, displaying and/or using for
profit or otherwise or engaging in
business and/or using in any manner
whatsoever the offending trade
mark/trade name/corporate name
'KAXONBOX' and/or any other trade
mark/trade name and/or corporate name
identical with and/or deceptively and/or
confusingly similar to the Plaintiffs trade
mark/trade name/corporate name
'CLAPBOX' either as a trade mark/trade
name/corporate name/domain name
and/or as a part of a trade mark/trade
name/corporate name / domain name or
in any other manner which would amount
to infringement of the registered trade
mark in addition to passing off its goods
and services as and for the goods and
services of the Plaintiffs;
ii) manufacturing and/or authorizing the
manufacture distributing, exporting,
selling, offering for sale, advertising,
promoting, displaying and/or using, in
any manner whatsoever, the offending
trade dress as detailed in the present
application including color combinations
which are identical and/or deceptively
and/or confusingly similar to the
Plaintiffs trade dress as mentioned in the
present application as a trade mark.
label/trade dress and /or part of a trade
markl/label/trade dress and/or part of a
trade mark/label/trade dress, trade name
and/or a part of trade name, domain
name or a part of domain name or in any
other manner whatsoever, which would
amount to passing off its products as and
for the products of the Plaintiffs;

CS(COMM) 531/2019 Page 2 of 4

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 B. The Defendant including principals, proprietor,
partners, officers, employees, agents,
distributors, suppliers, affiliates, subsidiaries,
franchisees, licensees, representatives, group
companies and assigns be ordered by an ad
interim mandatory injunction directing that they
at their own expense disclose to the Plaintiffs
the details of the stock of the offending products
as detailed in the instant application as are
currently available with the Defendant and the
quantum of sales made till date of the offending
products as detailed in the present
application.”

2. Issue notice of the application to the defendant.

3. Mr. Anvesh Madhukar, learned counsel for the defendant accepts

notice and seeks time to file reply to the application. Let the same be filed
within two weeks with advance copy to the opposite side, who may file
rejoinder, if any, before the next date of hearing.

4. Ms. Shikha Sachdeva, learned counsel for the plaintiff has

produced the respective products of the plaintiff and the defendant in the
court to point out that the manner of writing 'KAXONBOX' on the
instrument of the defendant and its placement at exactly the same place as
that of the plaintiff’s trade mark ‘CLAPBOX’, namely, at the bottom of
the instruments was a clear infringement of the registered trademark of
the plaintiffs. Learned counsel for the plaintiff further points out that the
plaintiff’s use of orange colour for their instruments has also been
adopted by the defendant. Further, she draws the attention of this Court to
para 4 of the replication to point out that the defendant has even copied
for its product, the plaintiff’s description of its product on the e-

CS(COMM) 531/2019 Page 3 of 4

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 commerce portal, including the grammatical errors et al.

5. Learned counsel for the defendant submits that he will obtain

instructions in this regard, but at the same time submits that the design
has not been registered and the defendant has got several products with
different colour schemes just as the plaintiff and therefore no case has
been made out for grant of an injunction. It is further submitted that the
application I.A. No. 13295/2019, earlier filed for seeking injunction is
also pending disposal.

6. List the I.A. No. 13295/2019 alongwith the present application on

27th April 2022.

7. Till the next date of hearing, the defendant is directed to take down
its product as described at para 4 of the replication, being confusingly
similar to the plaintiffs’ product with the trade name ‘CLAPBOX’.

8. The order be uploaded on the website forthwith.

ASHA MENON, J
SEPTEMBER 27, 2021
pkb

CS(COMM) 531/2019 Page 4 of 4

This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 28/02/2024 at 17:50:29