SELLE ROYAL GROUP S.P.A. vs ACE FOOTMARK (P) LTD AND ANR

* I N T H E H I G H CO U R T O F D E L H I A T N E W D E L H I Reserved on: May 09, 2025 % Pronounced on: May 28, 2025 C.O.(COMM.IPD-TM) 196/2022 SELLE ROYAL GROUP S.P.A. .....Petitioner Through: Mr. Dhruv Anand, Ms. Udita Patro, Ms. Vaishali Sharma and Ms. Nimrat Singh, Advocates. Versus ACE FOOTMARK (P) LTD. AND ANR. .....Respondents Through: None. CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 1. By virtue of the present petition, originally filed as an application before the Intellectual Property Appellate Board (IPAB) and transferred therefrom after its abolition and promulgation of Tribunal Reforms (Rationalization and Conditions of Service) Ordinance, 2021, the petitioner seeks cancellation of registration of the mark FIZIKFREAK1 of the respondent no.1 and removal thereof from the Register of Trade Marks on the ground that the same is identical and/ or confusingly similar to the trademark fi’zi:k belonging to the petitioner. 1 Hereinafter ‘impugned mark’ C.O.(COMM.IPD-TM) 196/2022 2. As per pleadings, the petitioner is a global company founded in Italy in 1956 and is engaged in manufacture and sale of bicycle accessories, saddles, handlebars, jackets, etc. whi