M/S. GRAFFITI (INDIA) PRIVATE LIMITED v. M/S. VMS BATWARE PVT. LTD.

Delhi High Court · 21 Aug 2023 · 2023:DHC:5974
C. Hari Shankar
C.O. (COMM.IPD-TM) 597/2022
2023:DHC:5974
intellectual_property petition_dismissed

AI Summary

The Delhi High Court dismissed the trademark dispute petition due to non-prosecution following settlement and continuous non-appearance by the petitioner.

Full Text
Translation output
C.O. (COMM.IPD-TM) 597/2022 HIGH COURT OF DELHI
C.O. (COMM.IPD-TM) 597/2022 M/S. GRAFFITI (INDIA) PRIVATE LIMITED..... Petitioner
Through: None
VERSUS
M/S. VMS BATWARE PVT. LTD. ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar, CGSC, Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai
Paikaday, Mr. Sriram and Mr. Krishnana V, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R (O R A L)
21.08.2023
JUDGMENT

1. This matter had initially filed before the learned Intellectual Property Appellate Board (learned IPAB) as original Application No. ORA/140-142/2018/TM/DEL.

2. Consequent to the abolition of the learned IPAB, the matter was transferred to this Court and renumbered as C.O. (COMM.IPD-TM) 597/2022.

3. Order dated 18 March 2019 passed by the learned IPAB records the statement of learned Counsel for the applicant, i.e. the petitioner before this Court, to the effect that the parties had settled their C.O. (COMM.IPD-TM) 597/2022 disputes.

4. Before this Court, there has been continuous non-appearance on behalf of the petitioner since the very beginning.

5. It appears that the disputes have been settled and that the petitioner is no longer interested in prosecuting this matter.

6. Accordingly, the petition is disposed of on the ground of nonprosecution.

C.HARI SHANKAR, J AUGUST 21, 2023