OZONE SPA PVT LTD vs MR ARVIND & ORS.

Judgment text excerpt

$~18 * 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. Signature Not Verified Digitally Signed CS (COMM) 875/2022 Page 1 of 17 By:AMAN UNIYAL Signing Date:25.02.2025 08:46:53 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”). 4. The plaintiff seeks a summary judgement against the defendants, on the ground that the defendants have no prospect of defending the plaintiff‟s claims. 5. The plaintiff‟s case, as canvassed in the plaint, is as follows: 5.1 The plaintiff company was incorporated in the year 1994 under its erstwhile name, “Taj Resorts Private Limited”, which was subsequently changed to “Ozone Spa Private Limited” in 2003. The plaintiff is in the business of providing fitness, spa