ASHOK KUMAR GUPTA PROPRIETOR OF JAI DURGA PLASTER INDUSTRIES & ANR. vs ARIF KHAN

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th February, 2025 + CS(COMM) 608/2023 & I.A. 16670/2023 ASHOK KUMAR GUPTA PROPRIETOR OF JAI DURGA PLASTER INDUSTRIES & ANR. .....Plaintiffs Through: Mr. Umesh Mishra and Mr. Amit Kumar, Advocates. versus ARIF KHAN .....Defendant Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (ORAL) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademark and copyright of the plaintiffs, passing off their goods and services as that of the plaintiffs and other ancillary reliefs. PLEADINGS IN THE PLAINT 2. The plaintiff no.1, Mr. Ashok Kumar Gupta is the sole proprietor of the firm namely, ‘M/s Jai Durga Plaster Industries’ is in the business of manufacturing, marketing and selling of Plaster of Paris (hereinafter ‘P.O.P.’) among other goods included in class 19. Signature Not Verified Digitally Signed CS(COMM) 608/2023 Page 1 of 9 By:KOMAL DHAWAN Signing Date:04.03.2025 16:46:42 3. The plaintiff no. 2, ‘Sakarni Plaster (India) Pvt. Ltd.’, established in 2012 is a company incorporated under the laws of India, of which plaintiff no.1 is one of the directors. 4. The plaintiff no.1 assigned the work of marketing/trading of its products to plaintiff no.2 and as such the plaintiff no.1 became the manufacturer and the plaintiff no.2 its marketing/trading unit of P.O.P. under the brand name ‘SAKARNI PLASTER’/ ‘SAKARNI’. 5. The Plaintiff No. 2 is also doing the business of manufacturing of wall putty under the brand name ‘SAKARNI WALL GUARD’ and has also been doing business of white cement, emulsion and primer etc. under the said brand name. 6. The plaintiff no.1 adopted the mark ‘SAKARNI’/ ‘ ’and applied for the registration of the m