PUNJAB FC PRIVATE LIMITED vs POSSHUSA APPARELS INDIA PRIVATE LIMITED & ANR.

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th February, 2025 + C.O. (COMM.IPD-TM) 160/2024 PUNJAB FC PRIVATE LIMITED .....Petitioner Through: Mr. Nageshwar Kumhar, Mr. Ayush Dey and Mr. Abhinav Singh, Advocates M: 9818823289 versus POSSHUSA APPARELS INDIA PRIVATE LIMITED & ANR. .....Respondents Through: Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap Shahi and Mr. Varun Pratap Singh, Advocates for UOI Mob: 9355665877 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) 1. None appears for the respondent no. 1 when the matter is called out. 2. This Court notes that in order dated 8th November, 2024, it is clearly recorded that respondent no. 1 stands served through email. 3. Time was granted to respondent no. 1 to file reply. However, neither any reply has been filed on behalf of respondent no. 1, nor any appearance has been made on behalf of respondent no. 1, despite service. 4. Respondent no. 2 is Registrar of Trademarks, who is represented in Court. 5. Accordingly, this Court proceeds to hear the matter. 6. The present petition has been filed under Section 57 of the Trade Marks Act, 1999 for rectification/removal of the trademark „PFC‟ Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 160/2024 Page 1 of 12 By:AMAN UNIYAL Signing Date:24.02.2025 20:02:12 under registration no. 4611787 in Class 18, in favour of respondent no. 1. 7. As per the case canvassed on behalf of the petitioner, the petitioner company was incorporated on 2nd February, 2017. It is the true owner, prior adopter, honest user and proprietor of the trademarks PUNJAB FC, PUNJAB FOOTBALL CLUB, PFC & and the same have been honestly conceived and adopted by it. 8. The petitioner submits that the trademarks of the petitioner, i.e.,