ABROS SPORTS INTERNATIONAL PVT. LTD. vs ASHISH BANSAL AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 6 May 2025 Pronounced on : 13 May 2025 + FAO(OS) (COMM) 140/2024 & CM APPL. 38801/2024 ABROS SPORTS INTERNATIONAL PVT. LTD. ....Appellant Through: Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advs. versus ASHISH BANSAL AND ORS .....Respondents Through: Mr. Sanchay Mehrotra, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 13.05.2025 C. HARI SHANKAR, J. 1. By judgment dated 2 May 2024, a learned Single Judge of this Court has dismissed IA 16555/2022 filed by the appellant Abros Sports International Pvt. Ltd.1 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 19082 in CS (Comm) 702/20223. Aggrieved thereby, ASIPL has filed the present appeal. 1 “ASIPL”, hereinafter 2 “CPC”, hereinafter 3 Abros Sports International Private Limited v Ashish Bansal and Ors. Signature Not Verified Digitally Signed By:AJIT FAO(OS) (COMM) 140/2024 Page 1 of 51 KUMAR Signing Date:13.05.2025 16:36:02 The Impugned Judgment 2. Case setup by ASIPL before the learned Single Judge 2.1 ASIPL contended that, by use of the mark NEBROS, the respondents Ashish Bansal and others were infringing the ASIPL’s registered trademark ABROS and were also passing off their goods as the goods of ASIPL. 2.2 The case was predicated on the following factual assertions. (i) ASIPL was incorporated on 14 February 2020, and used the trade name ABROS. The business of ASIPL, under the said trademark, was carried out by a proprietorship of Anil Sharma. Anil Sharma have conceived and adopted the ABROS mark in March 2017. ABROS was a portmanteau of ‘A’, the first letter of the first name of Anil Sharma and ‘BROS’, as the business was run by Anil Sharma with his brothers. By assignment deed dated 1