Tribunals and CommissionsDivision Bench(2013) 01 IPAB CK 0005

P.K.J. Cosmetics Pvt. Ltd. And Ors. vs M.S. Kanpur Trading Company Private Limited And Ors.

Intellectual Property Appellate Board · Decided on 2 January 2013

HON’BLE JUDGES
Prabha Sridevan, J · V. Ravi, Technical Member
RESULT
Dismissed
CASE NUMBER
ORA/147/2012/TM/DEL, M.P. No. 170/2012 In ORA/147/2012/TM/DEL, ORA/138/2012/TM/DEL, ORA/161/2012/TM/DEL, ORA/22 to 24/2012/TM/DEL, M.P. Nos. 40 to 42/2012 ORA/22 to 24/2012/TM/DEL

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

10 paragraphs · 203 words

Prabha Sridevan, J

1.

A compromise has been arrived at for the Hon'ble High Court of Delhi in FAO No. 115/2012, by which the plaintiff P.K.J. Cosmetic Pvt. Ltd., was

recorded as being entitled to use the word/mark VENUS word per se and in other forms in relation to hair removing preparations/products and the

said plaintiff was recorded as being entitled to the trade mark No. 220711 in Class 3 and No. 1339866 in Class 35. The plaintiff agreed to withdraw

the pending trade mark application in No. 1823077 in Class 3 dated 28th May 2009, but the plaintiff acknowledged that RSPL Limited was entitled to

use the mark VENUS in relation to other goods and services and that it will not interfere with that right. The plaintiff also agreed to withdraw the

various opposition numbers against the defendant application and the rectification application pending before this Board. This is found in Para 9 of the

affidavit filed in support of the compromise memo. Accordingly, All the Miscellaneous Petitions and ORA/147/2012/TM/DEL, ORA/22-

24/2012/TM/DEL, ORA/138/2012/TM/DEL and ORA/161/2012/TM/DEL are dismissed. Orders were reserved in M.P. Nos. 170/2012 and 40 to

42/2012. But in view of the compromise, no orders are necessary in the miscellaneous petitions.