DIAMOND MODULAR PVT LTD. vs YASH ARORA AS TRADING AS SIDDHI VINAYAK TRADERS AND ANR.

Judgment text excerpt

$~J1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 225/2021 DIAMOND MODULAR PVT. LTD. .....Petitioner Through: Mr. Ajay Amitabh Suman with Mr. Shravan Kumar Bansal, Mr. Rishi Bansal, Mr. Pankaj Kumar, Mr. Siddhartha Swain, Mr. Deepak Srivastava, Mr. Risabh Gupta and Mr. Mankaran Ahluwalia, Advocates. (M): 9990385539 Email: [email protected] versus YASH ARORA AS TRADING AS SIDDHI VINAYAK TRADERS AND ANR. .....Respondents Through: Mr. Gaurav Prakash with Mr. Mohit Rana, Mr. Monty Singh and Mr. S. Chauhan, Advocates for respondent no. 1. (M): 9953226302 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT 08.01.2025 MINI PUSHKARNA, J: 1. The present rectification petition has been filed seeking removal/cancellation of the trademark „GREEN DIAMOND‟ (Device) Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 225/2021 Page 1 of 18 By:AMAN UNIYAL Signing Date:08.01.2025 17:05:42 registered under No. 4290006 in Class 09 registered in the name of Yash Arora trading as Siddhi Vinayak Traders/respondent no. 1 from the register or rectification of the register under Section 57/125 of the Trade Marks Act, 1999. 2. The case as canvassed by the petitioner, is as follows: 2.1. The petitioner, through its predecessors, is engaged in the business of manufacturing and marketing electrical goods, LED light, switches, and electrical accessories since the year 1975. Petitioner‟s predecessor adopted and started using the trademark and trade name DIAMOND in relation to their goods and business in the year 1975 itself. 2.2. Over the years, the petitioner‟s goods and business under the said trademark has seen a consistent growth and has become a household name that is synonymous with „LED‟ in India. 2.3. The petitioner has emerged