OZONE SPA PVT LTD vs MR ARVIND & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11th February, 2025 CS(COMM) 875/2022 & I.A. 37801/2024 OZONE SPA PVT LTD .....Plaintiff Through: Mr. Rajesh Mahendru, Advocate (M): 9810194135 versus MR ARVIND & ORS. .....Defendants Through: Ms. Stuti Gupta, Advocate for defendant no. 1 & 2. (M): 9560493552 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) I.A. 37801/2024 (Application under Order XIII-A Rules 2 and 6 read with Section 151 of CPC) 1. The present application has been filed on behalf of the plaintiff under Order XIII-A Rules 2 and 6 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking summary judgment against the defendants. 2. The plaintiff has filed the present suit seeking permanent injunction, restraining infringement of its registered trademarks and copyrights, unfair competition, dilution, misrepresentation, damages and rendition of accounts and profits. 3. The present case pertains to the unauthorised use of plaintiff‟s registered trademarks, “OZONE”, “O3”, “ozO3ne”, “ ”, “ ” (“Ozone marks”), by the defendants, by use of infringing marks, “ ”, “ ”, “ ”, “ ” (“impugned marks”).