ADITYA BIRLA FASHION AND RETAIL LIMITED vs FRIENDS INC & ANR.

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 566/2024, I.A. 33082/2024 & I.A. 33087/2024 ADITYA BIRLA FASHION AND RETAIL LIMITED .....Plaintiff Through: Mr. Ankur Sangal, Mr. Ankit Arvind and Mr. Shashwat Rakshit, Advs. M: 8874643389 versus FRIENDS INC & ANR. .....Defendants Through: Ms. Sonia Bemera, Adv. M: 8920524605 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 09.01.2025 MINI PUSHKARNA, J (ORAL) 1. The present suit has been filed on behalf of the plaintiff seeking permanent injunction restraining the use of the impugned mark „PETER ENGLAND‟ by the defendants causing infringement of the plaintiffs‟ trademark, copyright and artistic work on the mark „PETER ENGLAND‟ . 2. When the matter was listed for hearing on 12th July, 2024, this Court had restrained the defendants from putting the sign board with the mark „PETER ENGLAND‟, and were restrained from using the mark on their invoice/ business paper. 3. This Court notes that on 05th September, 2024, learned counsel Signature Not Verified Digitally Signed CS(COMM) 566/2024 Page 1 of 28 By:AMAN UNIYAL Signing Date:07.02.2025 20:36:50 appearing for the defendants had submitted that defendants had already removed the sign board from outside their shop and that the defendants were not using the mark „PETER ENGLAND‟ on their invoices, or any other material. The order dated 05th September, 2024, is reproduced as under: “1. Learned counsel for the defendants has appeared, along with the defendant in person. She submits that the defendants have already removed the Sign Board from outside their shop, reflecting the trademark „PETER ENGLAND‟. She further submits that the defendants are not using the mark „PETER ENGLAND‟ on their invoices or on any other material. 2. Let an affidavit to the said effect be filed by