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2023 Supreme(Del) 3282

C. HARI SHANKAR
Coty Germany Gmbh – Appellant
Versus
Xeryus Retail Private Limited – Respondent


Advocates appeared:
Mr. Rishi Bansal and Mr. Rishabh Gupta, Advocates, for the Plaintiff.
Nemo, for the Defendant.

ORDER (Oral)

C. Hari Shankar, J.

I.A. 8603/2023(under Order XIII A Rule 3 and 4 of CPC)

1. Summons were issued in the suit on 19 December 2018.

2. The written statements, filed by the defendants, were struck off the record on 8 November 2019.

3. On account of repeated non-appearance, the defendants have also been proceeded ex-parte by order dated 13 February 2023.

4. There has been no appearance on behalf of the defendants even thereafter and there is no appearance on behalf of the defendants today either.

5. In the circumstances, the plaintiff has moved IA 8603/2023, under Order XIIIA of the Code of Civil Procedure 1908 (CPC) as amended by the Commercial Courts Act 2015, for passing a judgment and decree in terms of prayers in the suit.

6. The suit alleges infringement as well as passing off, by the defendants, of its products as the products of the plaintiff. It is alleged that the plaintiff is a reputed name in the field of, inter alia, perfumes, and is the holder of the following registrations in India:

Sl. No.Trade MarkRegistration No.ClassRegistration/ Application Date
1.CALVIN KLEIN (word)5660800323.01.1992
2.CK (Device610793031.11.1993
3.CALVIN KLEIN MAN (word mark)15860150

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