The Delhi High Court yesterday restrained Stanley Lifestyles Ltd. from using the mark GLOBAL LIVING EMPORIO on a plea filed by DLF Limited..The plaintiff DLF Limited contended that the defendants had infringed upon their well known trademark EMPORIO by adopting the mark GLOBAL LIVING EMPORIO in relation to the same business as carried on by them, thereby passing off their goods and services as that of DLF..While granting an ex-parte injunction, Justice Rajiv Sahai Endlaw observed that the plaintiff has made out a prima facie case..The defendants are effectively restrained from use of the website www.globalivingemporio.com or any other website/domain name with the word EMPORIO, alone or in conjunction with any other word. The Court further restrained the defendants from launching any other mall or luxury goods business with the name EMPORIO, and issued notice in the application for interim relief..Karanjawala & Co. Partner Meghna Mishra, Senior Associate Rohan Sharma and Associates Dheeraj P Deo, Arjit Benjamin and Riya Singh represented DLF..The Court also pointed out that while the plaintiff is based out of Delhi and the defendants operate in Bangalore, the domain name of the website used by the defendants for carrying on business also contains the word EMPORIO. The order states,.“Use by the defendants of a website with the word ’EMPORIO’ in the domain name is certainly capable of customers of the plaintiff being diverted to the defendants.”.Justice Endlaw also observed that the court would prima facie have territorial jurisdiction..The matter will be next heard on July 14..Read Order:
The Delhi High Court yesterday restrained Stanley Lifestyles Ltd. from using the mark GLOBAL LIVING EMPORIO on a plea filed by DLF Limited..The plaintiff DLF Limited contended that the defendants had infringed upon their well known trademark EMPORIO by adopting the mark GLOBAL LIVING EMPORIO in relation to the same business as carried on by them, thereby passing off their goods and services as that of DLF..While granting an ex-parte injunction, Justice Rajiv Sahai Endlaw observed that the plaintiff has made out a prima facie case..The defendants are effectively restrained from use of the website www.globalivingemporio.com or any other website/domain name with the word EMPORIO, alone or in conjunction with any other word. The Court further restrained the defendants from launching any other mall or luxury goods business with the name EMPORIO, and issued notice in the application for interim relief..Karanjawala & Co. Partner Meghna Mishra, Senior Associate Rohan Sharma and Associates Dheeraj P Deo, Arjit Benjamin and Riya Singh represented DLF..The Court also pointed out that while the plaintiff is based out of Delhi and the defendants operate in Bangalore, the domain name of the website used by the defendants for carrying on business also contains the word EMPORIO. The order states,.“Use by the defendants of a website with the word ’EMPORIO’ in the domain name is certainly capable of customers of the plaintiff being diverted to the defendants.”.Justice Endlaw also observed that the court would prima facie have territorial jurisdiction..The matter will be next heard on July 14..Read Order:
