O R D E R

% 16.02.2024

1. The present petition has been filed seeking action against the respondent for non-compliance of the judgment dated 21st May, 2019 passed in CS(COMM) No. 522/2018.

2. By the aforesaid judgment, statement of the respondent herein was recorded that he no longer wishes to use the name/mark ‘REVOLUTIONS’ in respect of clothing, fashion, accessories, etc. and thus, was willing to suffer an injunction qua the same.

3. Accordingly, a decree of permanent injunction was passed by way of the judgment dated 21st May, 2019 thereby restraining the respondent, its promoter/directors/employees/distributers/shareholders, etc from selling, manufacturing or offering for sale any clothing/garments or accessories thereof under the name/mark ‘REVOLUTIONS’, including the use of the word ‘REVOLUTIONS’ as part of the trading style of the company.

4. Learned counsel appearing for the petitioner submits that the said decree was to come into force on 01st September, 2019, that is the day when the respondent ought to have applied for change of name with the Registrar of the Companies.

5. Since the needful was not done by the respondent, the present contempt petition came to be filed.

6. Per contra, learned counsel appearing for the respondent has drawn the attention of this Court to the two compliance affidavits filed on behalf of the respondent. The first compliance affidavit is dated 14th November, 2022, wherein it has been stated as follows:

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5. That in pursuance of the Judgment, I have stopped using the mark “REVOLUTIONS”. That my ex mother-in-law, Mrs. Aroona Sharma, who has no connection with M/s Revolution Clothings Pvt. Ltd. was also using the mark “REVOLUTIONS” under the trading name M/s Ashfash Lifestyle and I have apprised her of the Judgment and advised her to refrain from using the mark to avoid any dispute. I say that as per information shared with me, pursuant to my advise, M/s Ashfash Lifestyle has also changed their trademark from 'REVOLUTIONS' to the mark 'Therebelinme'.

6. That as per information received by me, Mrs. Aroona Sharma, proprietor M/s Ashfash Lifestyle, is now using the mark 'Therebelinme' in relation to clothing / garments, and has filed trademark applications for the mark 'Therebelinme' bearing no. 5440261 and 5440262 in class 16 and 25 respectively, and they are accepted and advertised. The record of trade mark applications for the mark 'Therebelinme' in class 16 and 25, as shared with me, are filed herewith.

7. I further state that the trademark application nos. 1166890, 1166894, 1166893, 1166891 in class 14, 16, 24, 25 respectively, for the mark "REVOLUTION WITH BREAKING THER SIZE BARRIER AND FASHION THAT MEASURES UP" / "REVOLUTION WITH BREAKING THER SIZE BARRIER" are abandoned. Further, the trademark application no. 1513415 in class 25 A is opposed by the Petitioner herein. I undertake not to prosecute the said application. I say no other application for registration of the mark 'REVOLUTION' has been filed by me or M/s Revolution Clothings Pvt. Ltd. The trademark information page of the trademark application nos.

1166890, 1166894, 1166893,1166891 and 1513415 is filed herewith.

8. I state that currently there is no physical store under the brand 'REVOLUTION', which is run by me or M/s Revolution Clothings Pvt. Ltd. I further confirm that the physical store located at N-16, Greater Kailash- I, New Delhi is no longer using the mark 'REVOLUTION'.

9. I further state that as per my information, the domain name www.revoliitionplussize.com now directs to the domain name https://www.therebelinine.in/. I state that I am not the registrant of the domain name www.revolutionplussize.com.

10. That the company M/s. Revolution Clothings Private Limited is dormant and no business under the mark 'REVOLUTION' is conducted by it.

11. I state that as per information shared with me, Mrs. Aroona Sharma, proprietor M/s Ashfash Lifestyle has initiated the process of change of brand name on e-commerce websites.

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