HELL ENERGY Vs. KRITI KARKI TRADING

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) These are four cases relating to the trademark 'HELL' and its derivative marks used in respect of energy drinks. The description of each case is as under:

(3.) CS (COMM) 4/2020 - Hell Energy Magyarorszag Kft. v. Jes and Ben Group is a suit filed by the Plaintiff which is a Hungarian company, seeking permanent injunction restraining infringement of trade mark, trade dress, copyright, passing off, dilution, damages, and rendition of accounts, etc. The suit has been filed against Defendant No.1- M/s Jes and Ben Groupo Pvt. Ltd. also its directors, namely, Mr. Harpreet Sachdeva, Ms. Sarika Sachdeva and Mr. Tejinder Sachdeva. The Plaintiff is engaged in the business of production and sale of energy drinks under the brand names 'HELL', 'HELL ENERGY' and its variations. The case of the Plaintiff is that the mark 'HELL ENERGY' was adopted by it in 2006 along with a unique logo, trade dress and artistic work. The Top Level Domain name-www.hellenergy.com, was registered by the Plaintiff on 11/6/2006. The same is used to host an interactive website. The Plaintiff is also the registered owner of the mark 'HELL' vide international registration no.933068 in class 32 for 'non-alcoholic beverages and energy drinks' in countries like Denmark, Estonia, Finland, Ireland, Great Britain, Georgia, Germany, Lithuania, Sweden, Serbia, Turkey and Uzbekistan. The said mark, 'HELL' is registered in India under Trade Mark no. 3618893 under class 32 in the name of the Plaintiff since 2017 in respect of energy drinks.