$~35 to 38

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 01^st June, 2022

+

C.O.(COMM.IPD-TM) 7/2022

HELL ENERGY

..... Petitioner

Through:

Mrs. Bindra Rana, Mr. Nihit Nagpal,

Mr.

Anuj

Jhawar,

Advocates

(M:9818202368)

versus

KRITI KARKI TRADING & ANR.

..... Respondents

Through:

Ms. Rajeshwari H. & Mr. Deepanshu

Nagar, Advocates.

36

WITH

+

W.P.(C)-IPD 1/2022 & CM APPL. 1/2022

KRITI KARKI

..... Petitioner

Through:

Ms. Rajeshwari H., Ms. Swapnil Gaur

& Ms. Swapnil Gaur, Advocates.

versus

UNION OF INDIA & ANR.

..... Respondents

Through:

Mr. Harish V. Shankar,CGSC with

Ms. S. Bushra kazim, Mr. Srish

Kumar Mishra, Advocates for UOI

37

WITH

+

CS (COMM) 4/2020 & I.As. 126/2020, 417/2022, 6151/2022

HELL ENERGY MAGYARORSZAG KFT.

..... Plaintiff

Through:

Mrs. Bindra Rana, Mr. Nihit Nagpal,

Mr. Anuj Jhawar, Advocates

versus

JES & BEN GROUPO PVT. LTD. & ORS.

..... Defendants

Through:

Ms. Rajeshwari H., Ms. Swapnil Gaur

& Ms. Swapnil Gaur, Advocates.

38

AND

+

CS (COMM) 43/2020 & I.A. 1004/2020

HELL ENERGY MAGYARORSZAG KFT.

..... Plaintiff

Through:

Mr. Akhil Sibal, Sr. Adv. with Mrs.

Bindra Rana, Mr. Nihit Nagpal, Mr.

Anuj Jhawar, Ms. Asavari Jain,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002236

Advocates (M:9818202368)

versus

HEAVEN TRADERS LLP & ORS.

..... Defendants

Through:

Ms. Rajeshwari H., Ms. Swapnil Gaur

& Ms. Swapnil Gaur, Advocates.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1.

This hearing has been done through hybrid mode.

2. These are four cases relating to the trademark ‘HELL’ and its

derivative marks used in respect of energy drinks. The description of each

case is as under:

3.

Group is a suit filed by the Plaintiff which is a Hungarian company, seeking

permanent injunction restraining infringement of trade mark, trade dress,

copyright, passing off, dilution, damages, and rendition of accounts, etc. The

suit has been filed against Defendant No.1- M/s Jes & Ben Groupo Pvt. Ltd.

also its directors, namely, Mr. Harpreet Sachdeva, Ms. Sarika Sachdeva and

Mr. Tejinder Sachdeva. The Plaintiff is engaged in the business of

production and sale of energy drinks under the brand names ‘HELL’,

‘HELL ENERGY’ and its variations. The case of the Plaintiff is that the

mark ‘HELL ENERGY’ was adopted by it in 2006 along with a unique

logo, trade dress and artistic work. The Top Level Domain name-

www.hellenergy.com, was registered by the Plaintiff on 11^th June, 2006. The

same is used to host an interactive website. The Plaintiff is also the

registered owner of the mark ‘HELL’ vide international registration

no.933068 in class 32 for ‘non-alcoholic beverages and energy drinks’ in

countries like Denmark, Estonia, Finland, Ireland, Great Britain, Georgia,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002236

Germany, Lithuania, Sweden, Serbia, Turkey and Uzbekistan. The said

mark, ‘HELL’ is registered in India under Trade Mark no. 3618893 under

class 32 in the name of the Plaintiff since 2017 in respect of energy drinks.

4. The case of the Plaintiff is that it signed an exclusive distributorship

agreement dated 04^th October, 2017 with Defendant No.1 through its

director Defendant No.2- Mr. Harpreet Sachdeva for the sale and

distribution of Plaintiff’s goods under the mark ‘HELL’ and ‘HELL

ENERGY’. The said agreement was terminated on 25th March, 2019.

Thereafter, it came to the attention of the Plaintiff that the Defendants were

continuing to use the mark ‘HELL’ and its variations on its website

www.jbgroup.com without the consent or permission of the Plaintiff. In this

suit, it is the grievance of the Plaintiff that despite the termination of the

distributorship agreement, the Defendants continue to use the mark ‘HELL’

and other derivative marks for energy drinks. A cease-and-desist notice

dated 27^th September, 2019 was sent to the Defend