MINDA SPECTRUM ADVISORY LIMITED & ORS. vs JAGDISH KUMAR & ANR.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21st March, 2025 + CS(COMM) 762/2023 & I.A. 45770/2024 MINDA SPECTRUM ADVISORY LIMITED & ORS. .....Plaintiffs Through: Ms. Aadya Chawla, Ms. Nandini Choudhary, Ms. Rinkoo Kakkar and Ms. Simrat Kaur Sareen, Advocates. versus JAGDISH KUMAR & ANR. .....Defendants Through: Mr. Arnav Goyal and Mr. Nihal Singh Shekhawat, Advocates for D-1 and D-2. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) CS(COMM) 762/2023 & I.A. 45770/2024 (Under Order VIII Rule 10 read with Order XIII-A, CPC seeking a summary judgement against the defendants) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the plaintiffs’ well-known trademark and passing off their goods and services as that of the plaintiffs, and other ancillary reliefs. BRIEF FACTS 2. The plaintiffs no.1 to 5 are engaged in the business of automobile Signature Not Verified Digitally Signed CS(COMM) 762/2023 Page 1 of 17 By:DHARMENDER SINGH Signing Date:28.03.2025 17:38:08 components and spare parts. They are holders of the following registrations under the Trade Marks Act, 1999: Signature Not Verified Digitally Signed CS(COMM) 762/2023 Page 2 of 17 By:DHARMENDER SINGH Signing Date:28.03.2025 17:38:08 3. All the aforesaid registrations of the plaintiffs remain valid and subsisting. Signature Not Verified Digitally Signed CS(COMM) 762/2023 Page 3 of 17 By:DHARMENDER SINGH Signing Date:28.03.2025 17:38:08 4. The plaintiffs are part of the well-known and reputed “Minda Group of Companies” that have a widespread and enviable presence in the automobile and spare parts sector. 5. The plaintiff group was founded in the year 1958 by Late Shri Shadi Lal Minda under the flagship name MINDA as a pr