THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 22.04.2008

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IA.No. 238/2006 (u/O 7 R 11 CPC) in CS(OS) 1420/2005

IA.No. 5271/2006 (u/O 6 R 17 CPC) in CS(OS) 1420/2005

ARCHIE COMIC PUBLICATIONS, INC.

... Plaintiff

- versus -

PURPLE CREATIONS PVT. LTD. & ORS.

... Defendants

Advocates who appeared in this case:

For the Plaintiff

: Mr Rajiv Nayar Sr Advocate with Mr Manmohan Singh

For the Defendants

: Mr Neeraj Kaul Sr Advocate with Mr Sanjeev Sachdeva,

Mr Pritpal Singh, Mr Amit Kumar Singh, Ms Shikha

Sarin, Mr Karun Mehta and Mr Chetan Chopra

CORAM:-

HON'BLE MR JUSTICE BADAR DURREZ AHMED

1.

Whether Reporters of local papers may be allowed

to see the judgment ?

YES

2.

To be referred to the Reporter or not ?

YES

3.

Whether the judgment should be reported in Digest ?

YES

BADAR DURREZ AHMED, J

1.

The plaintiff had instituted the present suit for permanent

injunction, infringement of trademark, damages etc. against the defendants.

The plaintiff claims to be engaged in the field of printed matter, paper

articles, newspapers, periodicals, comic magazines, cartoon strips, story

books, films etc. The plaintiff claims to be the proprietor of the Archie

Comic Publications as well as the 'ARCHIE' Trademark and its variations

which, inter alia, include ARCHIE'S, LITTLE ARCHIE, THE ARCHIES,

2008:DHC:1392

ARCHIE COMICS etc. The plaintiff has alleged that the trademark

'ARCHIE' was adopted by it in 1942. It also forms part of the plaintiff's

trade name. It is contended that by virtue of the long, continuous, open and

extensive use by the plaintiff, the 'ARCHIE' trademarks have become

intertwined with the identity of the plaintiff and as a result, consumers all

over the world, including those in India, associate the 'ARCHIE' trademarks

with the plaintiff and nobody else.

2. It is also alleged in paragraph 4 of the plaint that in 1966 Archie

Comics were imported into India. There is also a reference to an invoice

issued by the plaintiff to Variety Book Depot in New Delhi on 08.05.1979

with regard to the plaintiff's publications. The plaintiff had applied for

registration of the 'ARCHIE and Heads' composite trademark/ label bearing

the application No. 518483 on 17.10.1989 in Class 16 and the plaintiff has

alleged that it has been extensively using the mark in India since 1979. It is

alleged that the 'ARCHIES', 'PURPLE ARCHIE', ARCHIES trademark and

device are being used by the defendants and the same are identical and/ or

deceptively similar to the plaintiff's trademarks 'ARCHIE' and 'ARCHIE

and HEAD'. It is alleged that the defendants in spite of the knowledge of

the said trademark and/ or activities of the plaintiff, decided to use the said

mark without authorization or consent of the plaintiff. The plaintiff

allegedly came to know about the defendants for the first time in June 2004

when they came across the advertisement for the 'ARCHIES and device',

2008:DHC:1392

'PURPLE ARCHIE' and 'ARCHIES' trademarks bearing application Nos.

597802, 846978, 1062578 and 1222947, all in Class 25. The defendants

are allegedly involved in the business of manufacturing and selling kids

wear under the 'ARCHIES/ PURPLE ARCHIES' and 'ARCHIES'

trademarks. It is consequently alleged on the part of the plaintiff that the

defendants are infringing the propriety rights of the plaintiff in the said

trademarks. The defendants are also alleged to have passed of their goods

and business as those of the goods and business of the plaintiff.

3. The suit has been filed in this Court claiming that it has

jurisdiction to entertain the same on the basis of the averments made in

paragraph 32 of the plaint. Since the applications under consideration

relate to the question of jurisdiction, it would be pertinent to set out the

entire paragraph 32 of the plaint:-

“32.

That this Hon'ble Court has the jurisdiction to

enterta