Order 3

Order Details: COPY OF ORDER
Pdf Text: CS (Comm) No. 679/25
Punjabi-Chaap Corner Pvt Ltd & Anr v M/s Punjabi Chaap Corner & Anr
16.06.2025
Today, I am working as a Vacation Judge, Central District,
during summer vacation.
Present: Ms Anshima Puri, Ld. Counsel for Plaintiff.
Mr Veeru Pal, Ld. Counsel for Defendants. Fresh
vakalatnama filed. Same be taken on record.
Ld. Counsel for Defendants submits that he has been supplied
with the entire set of plaint and annexures and he seeks time to file the
written statement as well as reply to the injunction application.
An application under Section 151 CPC under Order 11 Rule 5
of The CC Act, 2015 seeking leave to file the additional documents annexed
at page no. 4 to 18 thereunder. Copy already supplied.
Ld. Counsel for Defendants has no objection to the same. As
such, the said application of Plaintiff to place on record the documents i.e.
Brochures and pamphlets stands allowed.
Ld. Counsel for Plaintiff presses upon the interim relief sought
in para no. 63(a) of the prayer clause in injunction application, by drawing
the attention of the Court to the acts of infringements carried out by
Defendants by deceptively using the same trademark/artistic work/logo of
‘Punjabi Chaap Corner’ i.e. the impugned mark as that of the Plaintiff
thereby violating the trademark rights of Plaintiff and which also amounts
to act of passing off besides infringement.
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My attention is also drawn to the documents running from page
no. 331 to 338 annexed with the plaint, which are not denied by the
Defendants and the fact that the Defendants are
offering/marketing/selling/providing delivery and take away of food and
drink services to snack bars, cafes and other dhabas with deceptively similar
trademark/logo of impugned mark
‘Punjabi Chaap Corner’ .
The Defendants have no explanation as to why they have
chosen to use the similar mark, which is clearly deceptively similar to the
trademark of plaintiff. It is practically impossible to distinguish both Marks.
There is thus,
prima facie , substance in the submission of plaintiff that the
use by the Defendants, of such trademark/logo/label is intended to confuse
an average customer, of imperfect recollection to believe the defendants’
products to be that of plaintiff’s.
Besides the Defendants are also conducting their impugned
activities through online food ordering and delivery platforms i.e. third
party interactive websites which are accessible and visible to customers at
large throughout India including Delhi. The orders can be placed through
the URLs of the websites as specified in para no. 33 of the plaint.
Having considered thus, Plaintiff
prima facie has a case in its
favour.
The Defendants are hereby restrained from
selling/manufacturing/offering for sale via advertising online/offline or
directly or indirectly dealing in any manner their products/services with
impugned trademark/logo/device mark/label
‘Punjabi Chaap Corner’ which
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amounts to infringement or passing off the label of trademark/logo/device
mark/label
‘Punjabi Chaap Corner’ of Plaintiff till next date of hearing.
Plaintiff is directed to make compliance as per Order 39 Rule 3
CPC within four days.
Written statement be filed by the Defendants within stipulated
time period as provided under The Commercial Courts Act, 2015.
Alongwith the written statement, Defendants shall also file affidavit of
admission-denial of the documents of the Plaintiff, without which the
written statement) shall not be taken on record. Advance copy of same be
supplied to other side in order to facilitate filing of rejoinder.
Reply to the application under Order 39 Rule 1 and 2 CPC be
also filed by Defendants with advance copy to the other side on next date.
List the matter for compliance as above and be listed before the
Court concerned on 16.07.2025.
Dasti be also given to Plaintiff as prayed for.
(Ravinder Bedi)
Vacation Judge, Central District,
Tis Hazari Courts /Delhi
16.06.2025
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