THE LIBMAN COMPANY vs SHANKARLAL TALASARAM CHOUDHARY AND OTHERS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th February, 2025 CS(COMM) 290/2023 and I.A. 36365/2024 THE LIBMAN COMPANY .....Plaintiff Through: Mr. Prithvi Gulati and Mr. Ritwik Marwaha, Advocates versus SHANKARLAL TALASARAM CHOUDHARY AND OTHERS .....Defendants Through: CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) CS(COMM) 290/2023 and I.A. 36365/2024 (under Order XIII-A of the Code of Civil Procedure, 1908 seeking summary judgment) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from passing off of their goods as those of the plaintiff along with other ancillary reliefs. PLEADINGS IN THE PLAINT 2. The plaintiff is a privately held company established in 1896 in United States and originally started manufacturing wire-wound corn brooms. The plaintiff currently manufactures and sells a broad range of brooms, mops and other household cleaning supplies including brushes, sponges, scrubbers and cleaning tools under its trade marks LIBMAN and 3. The plaintiff’s LIBMAN marks have been continuously and extensively used at least since 1971 in the United States. The LIBMAN marks have been registered in sever