Neutral Citation Number: 2022/DHC/004489

CS(COMM) 54/2022 Page 1 of 39

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 54/2022 & I.A. 1795/2022, 3651-52/2022

FRANKFINN AVIATION SERVICES

PRIVATE LIMITED

..... Plaintiff

Through:

Mr.

Chander

M.

Lall,

Senior

Advocate with Mr. Kapil Midha, Ms. Versha

Singh and Ms. Ananya Chug, Advocates.

versus

TATA SIA AIRLINES LTD.

..... Defendant

Through:

Mr. Akhil Sibal, Senior Advocate

with Ms. Kruttika Vijay, Mr. Aditya Gupta,

Mr. Mukul Kochhar and Ms. Asavari Jain,

Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

I.A. 1188/2022 (under Order 39 Rules 1 and 2 CPC, by Plaintiff) &

1670/2022 (under Order 39 Rule 4 CPC, by Defendant)

1.

This judgment shall dispose of the aforementioned two applications,

one filed by the Plaintiff under Order 39 Rules 1 and 2 CPC and the other

filed by the Defendant for vacation of ex-parte ad interim injunction granted

vide order dated 21.01.2022.

2.

Plaintiff has filed the present suit for permanent and mandatory

injunction restraining the Defendant inter alia from infringement of

trademark ‘FLY HIGH’, passing off, unfair competition, dilution and for

rendition of accounts.

Digitally Signed

By:KAMAL KUMAR

Signing Date:31.10.2022

15:03:28

Signature Not Verified

Neutral Citation Number: 2022/DHC/004489

CS(COMM) 54/2022 Page 2 of 39

3.

Narrative of facts, as set out in the plaint, is that Plaintiff is the

original adopter, user as well as registered proprietor of the trademark ‘FLY

HIGH’, which was coined and adopted in the year 2004 and has been

continuously, extensively and uninterruptedly used for imparting training in

hospitality, aviation, travel management and customer services, with largest

network of state-of-the-art centres across India as well as in Dubai.

4.

Plaintiff claims to be a leader in its field of business, recognized as an

Institution of repute and eminence for its professionalism and services and

finds mention in the Limca Book of Records. Plaintiff has been a recipient

of the several awards, honours and accolades, including the award of ‘Best

Training Institute’ for the last ten consecutive years from 2011 to 2020.

5.

Plaintiff is a registered proprietor of the trademark ‘FLY HIGH’ in

India in its different forms and variants in multiple classes as under and the

registrations are stated to be valid and subsisting:

Application

No.

Trademark

Class

Status

User Since

Description

1535614

41 Registered 01/01/2007

PROVIDING OF

TRAINING.

3857360

41 Registered 01/01/2007

PROVIDING

EDUCATION AND

TRAINING

SERVICES IN

AVIATION,

HOSPITALITY,

TRAVEL AND

CUSTOMER CARE

MANAGEMENT.

2233277

16 Registered 01/01/2007

PAPER,

CARDBOARD AND

GOODS MADE

FROM THESE

MATERIALS, NOT

INCLUDED IN

Digitally Signed

By:KAMAL KUMAR

Signing Date:31.10.2022

15:03:28

Signature Not Verified

Neutral Citation Number: 2022/DHC/004489

CS(COMM) 54/2022 Page 3 of 39

OTHER CLASSES;

PRINTED MATTER;

BOOKBINDING

MATERIAL;

PHOTOGRAPHS;

STATIONERY;

ADHESIVES FOR

STATIONERY OR

HOUSEHOLD

PURPOSES;

ARTISTS”

MATERIALS;

PAINT BRUSHES;

TYPEWRITERS

AND OFFICE

REQUISITES

(EXCEPT

FURNITURE);

INSTRUCTIONAL

AND TEACHING

MATERIAL

(EXCEPT

APPARATUS);

PLASTIC

MATERIALS FOR

PACKAGING (NOT

INCLUDED IN

OTHER CLASSES);

PRINTERS” TYPE;

PRINTING

BLOCKS.

2233278

41 Registered 01/01/2007

EDUCATION;

PROVIDING OF

TRAINING;

ENTERTAINMENT;

SPORTING AND

CULTURAL

ACTIVITIES.

6.

Plaintiff further avers that it is the proprietor of an active website

under the domain name www.frankfinn.com and the trademark ‘FLY HIGH’

forms an es