SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Del) 944

C. HARI SHANKAR
Kent Ro Systems Pvt. Ltd. – Appellant
Versus
Pushpendra – Respondent


Advocates appeared:
Ms. Rajeshwari H, Mr. Kumar Chitranshu & Mr. Sugandh Shahi, Advocates, for the Plaintiffs.
Mr. Mohan Vidhani with Ms.Elisha Kumari & Mr. Amandeep Singh, Advocates, for the Defendant-1.
Ms. Shruti Dass, Advocate, for the Defendant-2.

JUDGMENT

I.A. 6940/2021 (under Order XXXIX Rules 1 and 2 of CPC)

1. By this judgment, I proceed to dispose of IA 6940/2021, filed by the plaintiffs Kent RO Systems Ltd. under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).

2. Detailed arguments on this application have been advanced by learned Counsel Ms. Rajeshwari H. on behalf of the plaintiffs and by Mr. Mohan Vidhani on behalf of Defendant 1.

A Conspectus

3. The grievance of the plaintiffs is that Design No. 219309 dated 17th October 2008, which stands registered in favour of the plaintiff as its proprietor in respect of a "water purifier" has been infringed by various entities, who sell water purifiers bearing allegedly infringing designs on the Flipkart website, owned and managed by Defendant 2 (hereinafter referred to as "Flipkart").

4. A tabular statement of the water purifiers bearing allegedly infringing designs and sold over Flipkart is provided in para 25 of the plaint. Of these, the water purifiers at serial nos. 3, 6 and 10 are manufactured by Defendant 1 Pushpender Yadav, as is also admitted by Defendant 1 in para 24 of the written statement filed by him by way of response to the plaint. Defen













































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top