Brahmos Aerospace Pvt Ltd v. FIIT JEE Limited & Anr

1. The present petition has been filed by the petitioner stating inter alia that the respondents are in breach of the order dated 24.2.2014, passed in IA No.21136/2013, an application filed by the plaintiff/petitioner under Order XXXIX Rules 1 & 2 CPC, whereunder the respondents/defendants were restrained from “using the trademark “BRAHMOS” in relation to educational activities or part of domain name in any manner whatsoever in order to create the confusion and deception and infringing the trademark of the plaintiff.”

2. On 13.4.2015, after hearing arguments of both sides, the Predecessor Bench has observed that the petitioner has made out a prima facie case of contempt. However, at that stage, learned Senior Advocate appearing for the respondents had sought time to obtain 2015:DHC:5162 CCP(O)No.63/2014 in CS(OS) 2655/2013 instructions from his clients as to whether they were willing to discontinue with the mark “BRAHMOJUS”, which they are using for educational activities.

3. Today, Ms. Singh, learned Senior Advocate appearing for the respondents states, on instructions, that the respondents shall not use the mark “BRAHMOJUS” for educational activities. She however states that this is without prejudice to the right of the respondents to file an application for seeking modification of the order dated 24.2.2014 passed in IA No.21136/2013.

4. In view of the submission made by the learned Senior Advocate appearing for the respondents states that the authorized representative of the defendant No.1 in the suit shall file an affidavit of compliances within one week, with an advance copy to the other side.

5. The contempt proceedings are disposed of with liberty granted to the respondents to file an appropriate application for seeking modification of the order dated 24.2.2014, as prayed for. As and when such an application is filed, the same shall be considered in accordance with law.

6. File be consigned to the record room. HIMA KOHLI, J JULY 01, 2015/ sk