Delhi High Court on The petitioners claim to have rights to the brand/mark “World Trade Center Faridabad”; “WTC Faridabad”; and WTC Logo
Title : VIRIDIAN DEVELOPMENT MANAGERS PRIVATE LIMITED & ANR V. RPS INFRASTRUCTURE LIMITED.
Decided on : 06.11.2023
Case no. : 335/2023
CORAM : HON’BLE MR. JUSTICE SACHIN DATTA
Introduction
The present petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the „Act‟) seeks relief on Pass an order thereby restraining the Respondent from using the Trade Marks World Trade Centre, Faridabad; WTC, Faridabad and WTC Logo or any other trademark identical with or deceptively similar thereto, in any manner whatsoever.
Fact of the Case
the facts are that the respondent is the developer of a Project being developed at land measuring 7.587 acres situated at Sector27C,Village Sarai Khwaja, Faridabad (the „Project‟). In the year 2010, the respondent launched the said project under the name of “RPS Infinia”. The respondent in the month of May, 2021 approached the petitioners for availing their services including branding services and services for making sales of the balance inventory. After negotiations, the respondent and petitioner no.1 entered into a “Memorandum of Understanding” (the „MOU‟) dated 28.06.2021 in respect of the said Project. Pursuant to the MOU, on the same date, the respondent and petitioner no.2 entered into a “Consultancy Agreement for Brand and Business Development Related Services” dated 28.06.2021 and the Respondent and petitioner no.1 entered into a “Consultancy Agreement for Marketing, Distribution and Sales Advisory Services” dated 28.06.2021.
Case Analysis and Judgement
The facts and circumstances of the present case, that there has been any inordinate delay on the part of the petitioners in approaching this, Court. It has been averred in the petition that after termination of the MOU and Agreements dated 28.06.2021, attempts have been made to seek an amicable resolution of the matter and it is only when the attempts in this regard failed to succeed, that the petitioners filed.
In the circumstances, the petitioners have made out prima facie case for grant of an injunction restraining the Respondent from using the marks “World Trade Centre Faridabad”; “WTC Faridabad” and WTC Logo or any other mark identical with or deceptively similar thereto, in any manner whatsoever. At the same time, there is merit in the contention of learned counsel for the respondent, that since use of the aforesaid marks for the purpose of obtaining regulatory approvals etc.
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