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* IN. THE IIIGH COURT OF DELHI AT NEW DELHI
+ · FAO(OS) 423/2013
IlliRO ECO GROUP & ORS ..... Appellant
KROSS S.A.
Gaurav Miglani, Mr Aayushmaan
Gauba, Ms Ekta Sarin, Ms Jyotideep
Kaur, Advocates.
Through: Mr Amitabha Sen, Ms Malyashree
Sridharan, Ms Kimmi Singla, Mr N.
Nagpal and Ms Pragati Aneja, Advocates.
HON'BLE MR..JUSTICE BADAR DURRI~Z AHMED
HON'BLE MR..JUSTICE VIBHU BAKHRU
% 17.09.2013
CM Nos.14535..:36/2013 (Exemptions)
The exemptions are allowed subject to all just exceptions.
CAV.822-823/2013
The learned counsel for the respondent/caveator has entered appearance.
The caveats stand discharged.
FAO(OS) 423/2013 & Cl\11 No.14534/2013 (Stay)
This appeal is directed against the order dated 29.07.2013 passed in
IA No.ll789/2013 and the order dated 06.09.2013 as well as the order dated
22.08.2013... After hearing the learned counsel for the parties, we are of the view that the order of injunction needs to be modified to the extent that the
'·I·
2013:DHC:7032-DB
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., :~ appellant be pennitted to sell bicycles in question, subject to them maintaining full accounts and submitting the accounts to the Court every month. We have· passed this order essentially on the ground that the appellant has been able to show prima facie that it has been marketing and selling bicycles under the name of 'KROSS' and using the logo which · includes the name 'KROSS'. In fact, according to the l.ean1ed counsel for the appellant the sales of the appellanfs bicycles, bearing the 'KROSS' brand, are in exces~ of ~35 ctores·from Novembet 2012 till date.. On ·theother hand, the learned counsel for the respondent/plaintiff states that they have only recently launched the' bicycles with the 'KROSS' name and logo since June,
ORDER
2013. Their sales have been in the range of~16 to 20 lakhs. Neithet the appellant nor the respondent has a registered Trademark bearing the name of'KROSS'. Both have, however, applied·for' registration. The application filed by the appellant is of June, 2012 whereas the application filed on behalf ofthe respondent is ofMay, 2013.. ' It is keeping these circumstances in mind that we have.modified the said order. With this modification, the appeal stands disposed of. This order 'shall, howevet, ·operate till the disposal of the IA No.11789/2013 by the learned Single Judge who will be free to pass any order thereon in accordance with law and un-influence by any observation made by us in this otder. ·~. BADAR DURREZ AHMED, J -~ VIHHU BAKHRU, J SEPTEMBER 17, 2013