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2018 Supreme(Del) 2430

RAJIV SHAKDHER
NGC NETWORK INDIA PVT LTD – Appellant
Versus
ORANGEFISH ENTERTAINMENT PRIVATE LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dayan Krishanan, Mr. Sahil Sethi, Ms. Sneha Jain, Ms. Snehima Jauhari, Mr. Devvrat Joshi and Mr. Sanjeevi, Seshadri, Adv.
For the Respondent: Mr.Suhail Dutt, R.S. Mittal and Mr. Ankur Manchanda, Adv.

JUDGMENT :

RAJIV SHAKDHER, J.

Preface

1. This action encapsulates a war of attrition which has been going on between two entities since August, 2017. The relationship between the petitioner and the respondent emanates from a Memorandum of Understanding dated 16.10.2012 (hereafter referred to as 'MOU'). The MOU was followed by an Addendum dated 01.12.2015 (in short 'Addendum'). The Addendum was executed to essentially extend the tenure of the MOU. Broadly, under the MOU, the parties herein were required to organize India Bike Week Event (in short 'ÍBW Event'). This event, it appears, has been conducted annually by the parties, as indicated above, without a hitch in Goa from February, 2013 till February, 2016. The annual event of 2016 was followed by a mini event which was also held in and about 20/21st February, 2017.

1.1 As indicated above, the dispute between the parties erupted in August, 2017 when, according to the petitioner, it became aware of the fact that the respondent had filed an application with the Registrar of Trade Marks for registering the trademark 'India Bike Week' (in short 'IBW'), exclusively, in its own name. It is vis-à-vis this aspect of the matter qua which parti



















































































































































































































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