FALCON LICENSING LIMITED vs PRI ENTERPRISES PRIVATE LIMITED & ANR.

Judgment text excerpt

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 271/2023 & I.A. 22284/2023, I.A. 22285/2023 FALCON LICENSING LIMITED .....Petitioner Through: Mr. Kunal Tandon, Sr. Advocate with Mr. Ronnie Singh, Advocate and Ms. Natasha, Advocate Mob: 8882228686 versus PRI ENTERPRISES PRIVATE LIMITED & ANR. .....Respondents Through: Mr. Utsav Jain, Advocate for R-1. Ms. Nidhi Raman, CGSC with Mr. Arnav Mittal, Mr. Zubin Singh, Mr. Akash Mishra and Ms. Ridhi Kapoor, Advocates for R-2. Mob: 8588916612 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 15.04.2025 MINI PUSHKARNA, J: 1. The present petition has been filed seeking the prayer to remove/cancel/expunge the entry pertaining to the trademark, , registered under application no. 3867168 in Class 3, from the Register of Trade Marks. 2. The facts, as canvassed in the petition, are as follows: 2.1 Petitioner is a limited company having its registered office in New Zealand. Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 271/2023 Page 1 of 28 By:AMAN UNIYAL Signing Date:16.04.2025 09:21:05 2.2. The mark „BOLDIFY‟ was adopted by the predecessor-in-interest of the petitioner in the year 2016 for hair care products. The said mark has since been used honestly, bonafidely, continuously, openly, uninterruptedly and exclusively. 2.3 Subsequently, the label mark was coined and developed to convey a unique visual identity to represent and communicate the „BOLDIFY‟ brand to the general public. 2.4 The predecessor-in-interest of the petitioner adopted the trademark /„BOLDIFY‟, as an essential and material part of its domain name, viz., www.getboldify.com. Since then the said domain name has been used in the course of trade thereof globally, in relation to its goods and business,