In the High Court of Delhi, KRBL Limited filed a case against Rajesh Kejriwal,
trading as Chemical Centre India, and another respondent. The case, numbered
C.O. (COMM.IPD-TM) 502/2022, was heard before Hon'ble High Court of Delhi. The
petitioner sought to introduce certain documents into the record, including
extracts from the respondent's website and third-party sites, GST details, and
information about the petitioner's products under the trademark INDIA GATE with
a device of a gate.
The outcome of the petitioner's application to bring certain documents on record
is that the court accepted some of the documents while rejecting others. The
documents accepted by the court are:
Extracts from the respondent's own website (www.goldengate.co.in), which
displayed goods bearing the impugned mark "Golden Gate" with a device of "India
Gate."
Statutory documents, such as the GST details of the Respondent No. 1.
Court orders passed by the Delhi High Court and Delhi District Courts in favor
of the Petitioner regarding the trademark "INDIA GATE with Device of INDIA
GATE."
The court allowed these documents to be brought on record, subject to the
respondent's right to challenge their authenticity and relevance during the
final adjudication of the cancellation petition.
However, the application to introduce the remaining documents, which included
extracts from the third-party website Indiamart, information about the
petitioner's range of products, and invoices showing sales of "INDIA GATE Bran
oil," was rejected because the petitioner did not demonstrate the relevance of
these documents to the current proceedings.
Case Citation: KRBL Limited Vs Rajesh Kejriwal: 30.07.2024 : CO COMM.IPD-TM
502/2022: Delhi High Court: Saurabh Banerjee. H.J.
Disclaimer:
The information shared here is intended to serve the public interest by offering
insights and perspectives. However, readers are advised to exercise their own
discretion when interpreting and applying this information. The content herein
is subjective and may contain errors in perception, interpretation, and
presentation.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and
Trademark Attorney
Email:
[email protected], Ph no: 9990389539
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