GOODAI GLOBAL INC vs SHAHNAWAZ SIDDIQU & ANR.

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th January, 2025 + C.O. (COMM.IPD-TM) 81/2024 & I.A. 1681/2025 GOODAI GLOBAL INC .....Petitioner Through: Mr. Cheitanya Madan, Mr. C.D. Mulherkar, Mr. R. Vigneshwar and Ms. Megha Saha, Advocates versus SHAHNAWAZ SIDDIQU & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Zubin Singh and Mr. Amit Acharya, Advocates for R-2/UOI CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed under Section 57 of the Trade Marks Act, 1999 (hereinafter, ‘the Act’) seeking removal of the registration of a device mark registered under application number 5635163 in class 3 in favour of the respondent no.1 on 3rd October, 2022 on a ‘proposed to be used basis’. PROCEEDINGS IN THE PETITION 2. Notice in the petition was issued on 4th July, 2024 and four weeks’ time was granted to the respondent no. 1 to file reply. 3. Despite service, neither any reply was filed on behalf of the Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 81/2024 Page 1 of 8 By:DHARMENDER SINGH Signing Date:03.02.2025 18:35:49 respondent no. 1, nor any appearance was made on behalf of the respondent no. 1. 4. Accordingly, the right of the respondent no.1 to file reply to the petitions was closed vide the order of Joint Registrar dated 8th October, 2024. 5. Consequently, the respondent no.1 was proceeded against ex-parte vide order dated 21st October, 2024 and an interim injunction was passed in favour of the petitioner. 6. Even today, none appears on behalf of the respondent no. 1. BRIEF FACTS 7. Brief facts leading to the filing of the present petition are as follows: 7.1. The petitioner is a South Korean entity, engaged in the business of manufacturer of Korean beauty a