FAO--325/2016. Case: TUSAJ LIFESTYLE PVT LTD Vs. SKB FOOD PRODUCTS PVT LTD. High Court of Delhi (India)
|December 09, 2019
|High Court of Delhi (India)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.12.2019
+ FAO 325/2016 & CM APPL. Nos.25744/2016, 25746-47/2016
TUSAJ LIFESTYLE PVT LTD ………… Appellant
SKB FOOD PRODUCTS PVT LTD ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr.Tanmay Mehta, Adv.
For the Respondent: Mr.Sushant Mahapatra, Adv.
HON’BLE MR JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (ORAL)
Appellant impugns order dated 15.12.2016 whereby application of the respondent/petitioner under Order 39 Rule 1 and CPC was allowed and the appellant its agents were restrained infringing the registered trademark of the respondent “Yum Yum” passing of either in respect of restaurant or package food items from using “Yum Yum Tree” or any other trademark identical deceptively similar, phonetically or visually, with or without prefix or suffix to the trade mark of the respondent and from passing of business.
Appellant is also aggrieved by order dated 09.06.2016 whereby the review petition filed by the petitioner was dismissed. However, by the said order, the interim injunction granted by order
15.12.2015 was suspended.
In the subject appeal, by order dated 22.07.2016, the suspension of interim injunction was continued and the same has continued date.
Learned counsel for the respondent submits that the effect the interim order passed by the Trial Court and also by this Court that the injunction order passed in favour of the respondent is not force. He further submits that in view of expeditious disposal of Suit he has no objection to the interim order being modified with direction to the Trial Court to expedite the Suit and in the meantime, the appellant be directed to maintain and furnish regular accounts.
In view of the above and with the consent of learned counse the parties, the subject appeal is disposed of in the following terms:-
(i) The injunction granted by the Trial Court vide order
15.12.2016 is vacated and it is directed that the appellant maintain and furnish regular accounts to the Trial Court e quarter of the turnover and business under the names and style of YUM YUM, YUM YUM TREE AND YUM YUM CHA.
(ii) Trial Court shall expedite the Suit and endeavour to conclude
the same within one year from the next date of hearing before the Trial Court.
Learned counsel for the appellant submits that there are certain subsequent development/events which have...
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