SHRI VED PRAKASH GARG TRADING AS M/S PARUL FOOD PRODUCTS vs MR. DHRUV SINGH AND ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 31.07.2025 + C.O. (COMM.IPD-TM) 80/2021 SHRI VED PRAKASH GARG TRADING AS M/S PARUL FOOD PRODUCTS ..... Petitioner versus MR. DHRUV SINGH AND ANR. .....Respondents AND + C.O. (COMM.IPD-TM) 121/2022 VED PRAKASH GARG, M/S PARUL FOOD PRODUCTS, KH.NO. 110/10, PHIRNI ROAD, INDUSTRIAL AREA, MUNDKA, DELHI .....Petitioner versus DHRUV SINGH, SINGLE FIRM, 46 OLD GOVINDPURA EXTN. DELHI-51 AND ANR. .....Respondent Advocates who appeared in this case For the Petitioner : Mr. Umesh Mishra, Ms. Yashodhara Raina & Mr. Aakash Bhambri, Advocates. For the Respondent No. 2: Mr. Ashish K. Dixit, CGSC with Mr. Shivam Tiwari, Ms. Urmila Sharma & Mr. Umar Hashmi, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA Signature Not Verified C.O. (COMM.IPD-TM) 80/2021 & C.O. (COMM.IPD-TM) 121/2022 Page 1 of 12 Signed By:NEELAM SHARMA Signing Date:01.08.2025 11:27:37 JUDGMENT TEJAS KARIA, J 1. The present Petitions have been filed seeking rectification of the Register of Trade Marks by cancellation/removal of the Trade Mark and the Device Mark registered in favour of Mr. Dhruv Singh i.e. Respondent No. 1, which are “FUNSHINE” and (“Impugned Marks”) bearing Application number 3583213 and 3583212 respectively in Class 30, on account of being deceptively and identically similar to Petitioner's Trade Mark, i.e., “FUNFINE”, and other allied Trade Marks. 2. The present Petitions have been transferred from the Intellectual Property Appellate Board (“IPAB”) consequent upon the abolition of IPAB, and upon promulgation of the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021. FACTUAL BACKGROUND 3. The Petitioner is the sole proprietor of M/s Parul Food Products. The Petitioner is engaged in the business of manufacturi