Rajya Sabha Passes the ‘Bharatiya Vayuyan Vidheyak, 2024’  ||  Del. HC: It’s a Disturbing Trend of Exploiting Social Media Platforms for Committing Sexual Offences  ||  Ori HC: State Can’t Question Maintain. of Suit for No Notice at Stage of Appeal if Not Done in WS  ||  Ker. HC: Can’t Call Putting Up Boards of Temples, Mosques on Busy Roads as Religious Practice  ||  P&H HC: If People are Allowed to Stay All Night at Bars and Pubs, it will Hamper Indian Society  ||  SC: NCR States to Ask Workers to Register Themselves on Portal for Receiving Subsistence Allowance  ||  Rajya Sabha Passes the Boilers Bill, 2024  ||  NCLAT: Authority Can’t Pass Adverse Remarks against RP Performing Duties as Per CoC’s Instruction  ||  Tel. HC: Teacher Eligibility Test Guidelines Framed to Ensure that Competent Persons are Recruited  ||  Ker. HC: Loss in Derivative Business Would be a Business Loss for Purposes of Section 72 of IT Act    

Burger King Corporation v. Burger Place - (High Court of Delhi) (07 Sep 2015)

Commercial matters to not be kept lingering in no-contest

MANU/DE/3849/2015

Civil

The Delhi High Court allowed a trade mark suit in favour of international food chain, ‘Burger King’ despite the Defendant’s non-cooperation. Arising from the Defendant’s use of the name ‘Burger Place’ was employed in a mark that resembled closely Burger King’s logo. Whereas a verbal agreement was reached between the parties prior to institution of the suit, the Defendant backtracked on his promises to desist from using the allegedly similar logo. The Court noted that the case was unchallenged and Defendant had refused service of summons. Reiterating Rule 10 of Order VIII CPC, for non-filing of written statement, the commercial nature of the suit and the Defendant’s conduct, the suit was decreed in favour of Burger King Corporation.

Relevant : Kailash vs. Nankhu & Ors. MANU/SC/0264/2005 Salem Advocate Bar Association, Tamil Nadu vs. Union of India MANU/SC/0450/2005 Rule 10 Order VIII Code of Civil Procedure, 1908 Act

Tags : TRADE MARK   SUMMONS   WRITTEN STATEMENT   EX PARTE  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved