TRODAT GMBH & ANR. vs ADDPRINT INDIA ENTERPRISES PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 737/2022, I.A. 17234/2022, I.A. 16026/2023 & I.A. 42551/2024 TRODAT GMBH & ANR. .....Plaintiffs Through: Mr. Jayant Mehta, Sr. Adv. with Mr. C.A. Brijesh, Mr. Krisna Gambhir, Ms. Simranjot Kaur and Mr. Vikramaditya Sanghi, Advs. M: 9478515115 versus ADDPRINT INDIA ENTERPRISES PVT. LTD. .....Defendant Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Neeraj Grover, Dr. Shilpa Arora and Ms. Ria Kumar, Advs. M :9971234481 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 06.05.2025 MINI PUSHKARNA, J: I.A. 42551/2024 (Application on behalf of the defendant seeking clarification for the launch of an alternative non-infringing product) Introduction: 1. The present application has been filed on behalf of the defendant seeking clarification for launch of an alternative non-infringing product, on account of the fact that the defendant has already been restrained from Signature Not Verified Digitally Signed CS(COMM) 737/2022 Page 1 of 23 By:HARIOM Signing Date:07.05.2025 18:26:48 selling its rubber stamp product, under the brand name „KVIK‟ by an interim order dated 28th October, 2022, holding therein, that the said product of the defendant, is fraudulent and obvious imitation of the plaintiffs‟ designs, i.e., subject matter of the present suit. 2. The present suit has been instituted by the plaintiffs, inter alia, seeking a decree of permanent injunction restraining the defendant from infringing the plaintiffs‟ registered designs bearing design registration numbers 272348 and 272349 for brand names, “FLASHY 6330”, i.e., and “FLASHY 6903”, i.e., , respectively, and for passing off with respect to its self-inking stamp products, under the brand “FLASHY”. 3. The dispute in the present suit essenti