WESTERN DIGITAL TECHNOLOGIES, INC.& ANR. vs HANSRAJ DUGAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 21st April, 2025 Judgment Pronounced on: 16th May, 2025 + CS(COMM) 586/2019, I.A. 14659/2019, I.A. 14660/2019, I.A. 4065/2021 & I.A. 38495/2024 WESTERN DIGITAL TECHNOLOGIES, INC.& ANR. .....Plaintiffs Through: Ms. Shwetasree Majumder, Mr. Prithvi Singh and Ms. Devyasni Nath, Advocates. versus HANSRAJ DUGAR .....Defendant Through: Mr. Sidharth Chopra, Mr. Kanishk Kumar, Mr. Angad Makkar and Mr. Priyansh Kohli, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 14659/2019 (under Order XXXIX Rule 1 and 2 of CPC) I.A. 38495/2024 (under Order XXXIX Rule 4 of CPC) 1. By way of this judgment, I will dispose of two applications, being I.A. 14659/2019 under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter “CPC”) and I.A. 38495/2024 under Order XXXIX Rule 4 of CPC seeking vacation of ex parte ad interim injunction order dated 21st October, 2019. 2. Arguments were heard on behalf of the counsel for the parties on 23 rd Signature Not Verified Digitally Signed CS(COMM) 586/2019 Page 1 of 23 By:AANCHAL TAGGAR Signing Date:16.05.2025 15:22:44 January, 2025, 19th March, 2025, 21st March, 2025 and 21st April, 2025, when the judgment was reserved. CASE SET UP IN THE PLAINT 3. The case set up by the plaintiffs in the plaint is as under: 3.1. The plaintiff no. 2, Western Digital UK Ltd., is a wholly owned subsidiary of the plaintiff no. 1, Western Digital Technologies, Inc. (hereinafter collectively referred to as “the plaintiffs”). The plaintiffs are one of the largest computer Hard Disk Drive (HDD) manufacturers in the world. 3.2. The plaintiffs have been using the trademark ‘WESTERN DIGITAL’ in India since 1997 and commenced the use of the trademark ‘WD’ in 1999. The