MANASH LIFESTYLE PRIVATE LIMITED vs SHABINA KUNDIAL & ANR.

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 14th February, 2025 + C.O. (COMM.IPD-TM) 88/2024 & I.A. 33225/2024 MANASH LIFESTYLE PRIVATE LIMITED .....Petitioner Through: Mr. Siddharth Yadav, Mr. Nageshwar Kumhar, Advocates. versus SHABINA KUNDIAL & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Arnav Mittal & Mr. Zubin Singh, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed under Section 57 of the Trade Marks Act, 1999 (hereinafter ‘the Act’) seeking rectification/ removal of the trade mark ‘ ’ bearing application no. 4686526 in class 44 in the name of the respondent no.1 (hereinafter ‘impugned mark’) from the Register of Trade Marks. PROCEEDINGS IN THE PETITION 2. Notice in the present petition was issued to the respondents on 15th July, 2024. 3. Despite service, neither any appearance has been made on behalf of Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 88/2024 Page 1 of 9 By:DHARMENDER SINGH Signing Date:18.02.2025 17:48:39 the respondent no.1 nor has any reply been filed to the present petition. Accordingly, vide the order dated 21st October, 2024, the respondent no.1 was proceeded against ex-parte. 4. None appears on behalf of the respondent no.1 even today. BRIEF FACTS 5. Brief facts set up in the petition, which are relevant for adjudicating the present petition, are as under: 5.1. The petitioner, Manash Lifestyle Private Limited, was incorporated in the year 2011 and operates an online beauty and wellness store, accessible at https://www.purplle.com/, under the name PURPLLE. The petitioner is recognized as a market leader in the country and its start-up venture PURPLLE.COM has emerged as India’s 102nd Unicorn Start-Up Company.