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Judgment
CS(COMM) 426/2021 and I.A. 11612/2021 (under Order XXXIX Rules 1 and 2 of the CPC)
The plaintiff is the registered owner of the following trademarks:
| S. No. | Trademark/ Device Mark | Reg. No. | Reg. Date | Certification Date | Class |
| 1. | 1414293 | 17/01/2006 | 05.08.2008 | 06 | |
| 2. | 1967929 | 19/05/2010 | 07.09.2016 | 06 | |
| 3. | GRIPPLE | 3297745 | 29/06/2016 | 21.05.2019 | 06, 08, 09 |
| 4. | GRIPPLE | 3297746 | 29/06/2016 | 12.09.2020 | 06, 08 |
| 5. | GRIPPLE | 3297747 | 29/06/2016 | 21.05.2019 | 06 |
| 6. | GRIPPLE | 3297748 | 29/06/2016 | 12.04.2017 | 06 |
| 7. | GRIPPLE | 3297749 | 29/06/2016 | 14.04.2017 | 06 |
| 8. | GRIPPLE | 3297750 | 29/06/2016 | 21.02.2018 | 19 |
| 9. | GRIPPLE | 3611637 | 12/08/2017 | 12.09.2019 | 37, 42 |
The plaintiff uses its GRIPPLE marks, in word and device form, for wires, cables, fasteners, hooks and other such goods which are used to hang signs, neon signs etc.
The plaintiff is aggrieved by the fact that the defendants are using the word GRIPPLE for similar goods, i.e. wire rope Supports.
Though arguments were heard on this application for some time, the Court is saved the exercise of having to adjudicate thereon in view of a statement made by learned Counsel for Defendants 2 and 3, on instructions, that they have never used, and do not intend to use, the word GRIPPLE, and a statement made by learned Counsel for Defendant 1, on instructions, that his client would not use the word GRIPPLE in future.
Defendants 1 to 3 submit that, if the plaintiffs are willing forgo damages and costs, they are willing to undertake that they would not use the word GRIPPLE or any other deceptively similar word or mark in respect of wires, cables, fasteners, hooks or any other allied or cognate goods hereafter.
In view of the said statement, Mr. Manish Paliwal, learned Counsel for the plaintiffs, on instructions, submits that his client is willing to give up the claims for damages and costs.
In view of the aforesaid, nothing survives for adjudication in the suit.
There shall accordingly be a decree of permanent injunction restraining the defendants as well as all other acting on their behalf from using the word GRIPPLE either in word or device form in respect of wires, cables or any other electrical items or any other goods which are allied or cognate therewith, hereafter. The defendants would also take steps to ensure that, if the word GRIPPLE is reflected on any physical or virtual platform or website, the said representation shall be taken down or removed within a period of one week from today.
Subject to the above, the Court does not pass any order with respect to damages and costs as learned Counsel for the plaintiffs has very fairly agreed to forgo the same.
In view thereof, the suit stands decreed in the above terms. Let a decree-sheet be drawn up by the Registry accordingly.
Miscellaneous application also stands disposed of.