M/S V-GUARD INDUSTRIES LTD v. M/S LIVGUARD ENERGY TECHNOLOGIES PVT LTD AND ANR

Delhi High Court · 12 Jan 2023 · 2023:DHC:136

C. Hari Shankar

C.A.(COMM.IPD-TM) 80/2021

2023:DHC:136

intellectual_property other Procedural

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The Delhi High Court issued a corrigendum correcting a clerical error in its trade mark opposition judgment, affirming that ambiguities in provisions affecting opponents' rights must be resolved in their favor.

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Neutral Citation Number : 2023/DHC/000390 C.A.(COMM.IPD-TM) 80/2021
HIGH COURT OF DELHI
C.A.(COMM.IPD-TM) 80/2021 & I.A. 178/2023 M/S V-GUARD INDUSTRIES LTD. ..... Appellant
Through: Ms. Babna Das, Mr. Mukul Kumar and Mr. Vizzy George, Advs.

VERSUS

M/S LIVGUARD ENERGY TECHNOLOGIES PVT LTD AND ANR ..... Respondents
Through: Mr. Jithin M. George and Mr. Udit Tewari, Advs. for R-1
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Gagar Mehlawat, Mr. Alexander Mathai Paikaday, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 12.01.2023

JUDGMENT

1. The judgment in this case was pronounced on 6th January 2023.

2. Ms. Babna Das had appeared yesterday and submitted that there was a clerical error in the order, which was required to be corrected. She was permitted to mention the matter this morning.

3. Both learned Counsel are ad idem agreeable to the aforesaid correction as sought by Ms. Das. The correction relates to the word “won’t” as it figures in para 19 of the judgment dated 6th January 2023, which learned Counsel agree ad idem, should read “would”.

4. Accordingly, para 19 of the judgment dated 6th January 2023 Neutral Citation Number: 2023/DHC/000390 C.A.(COMM.IPD-TM) 80/2021 shall stand corrected to read thus:

“19. Given the nature of these provisions and the fact that they affect the valuable right vested in an opponent who seeks to oppose the registration of a trade mark, I am of the considered opinion that, in the facts of the present case, the appellant would be entitled to the benefit of the ambiguity inherent in this provision.”

5. The judgment dated 6th January 2023 stands corrected accordingly.

6. This order shall be read as a corrigendum to the judgment dated 6th January 2023.

C.HARI SHANKAR, J JANUARY 12, 2023

M/S V-GUARD INDUSTRIES LTD v. M/S LIVGUARD ENERGY TECHNOLOGIES PVT LTD AND ANR

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JUDGMENT

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