CS(COMM) 609/2021 p. 1 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 609/2021 & I.A. Nos. 3453/2022, 8730/2022, 8732/2022, 226/2024 & 45655/2024 TITAN COMPANY LIMITED .....Plaintiff Through: Mr. Achuthan Sreekumar with Mr. Rohil Bansal and Mr. Swastik Bisarya, Advocates. (M): 9079965359 Email: rohil@anandandanand.com versus CLUES NETWORK PRIVATE LIMITED & ORS. .....Defendants Through: Mr. Avinash Sharma with Mr. Abhishek, Advocates for defendant no. 1. (M): 9810445816 Ms. Gunjan Mittal, Advocate for defendant nos. 2 and 5 Mr. Arvind Jain with Mr. Amresh Anand, Mr. Mayank Gupta and Ms. Khushboo Agarwal, Advocates for defendant nos. 3 and 4. Mr. Aman Mudgal, Advocate for defendant no. 6. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 20.02.2025 1. The present suit has been filed by the plaintiff against the defendants seeking permanent injunction restraining the defendants from dealing in and using the plaintiff’s registered trademarks TITAN and FASTRACK, including, the device marks, in any manner whatsoever. 2. Facts, as canvassed on behalf of the plaintiff, are as follows: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45 CS(COMM) 609/2021 p. 2 2.1 The plaintiff is the registered proprietor of the trademarks TITAN, FASTRACK, as well as the following device marks: . 2.2 The plaintiff is a leading manufacturer and registered proprietor of watches under the aforesaid trademarks/brands. 2.3 The mark TITAN has already been declared as a well-known mark. 2.4 The plaintiff has huge sales of its watches under its trademarks and brands TITAN and . The details of the sales for the last six years, as given in the plaint, are as follows: 2.5 The plaintiff has spent huge amount of money to promote and advertise its watches under the trademarks and brand TITAN and , details of which, are as follows: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45 CS(COMM) 609/2021 p. 3 2.6 The plaintiff also has huge sales of its watches under the trademarks and brands FASTRACK and , details of which, as given in the plaint, are as follows: 2.7 The plaintiff has spent huge amounts of money to promote and advertise its watches under the trademarks and brands FASTRACK and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45 CS(COMM) 609/2021 p. 4 , the details of which, as given in the plaint, are as follows: 2.8 The brand and trademark TITAN and TITAN logo/device marks are registered in favour of the plaintiff. The details of the registrations, as given in the plaint, are reproduced as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45 CS(COMM) 609/2021 p. 5 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45 CS(COMM) 609/2021 p. 6 2.9 Similarly, the brand and trademark FASTRACK and FASTRACK logo/device mark are registered in favour of the plaintiff. The details of the trademark registrations in favour of the plaintiff, as given in the plaint, are reproduced as under: 2.10 The trade name/trademarks/brands TITAN and FASTRACK and , and are unique words and their This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45 CS(COMM) 609/2021 p. 7 respective logos/device marks as shown in the stylized manner, are distinctive. The plaintiff has continuously and consistently been using the mark TITAN as its trademark/trade name since the year 1986. As regards the mark FASTRACK, the same has been in use by the plaintiff since the year 1998. 2.11 On account of their highly distinctive nature and the pioneering activities, the trademarks TITAN and FASTRACK, , and have acquired excellent reputation from the very beginning and have consistently and exclusively been associated with the plaintiff. 2.12 The words TITAN and FASTRACK are invented words and by virtue of priority in adoption, long, continuous and extensive use as well as advertising, and the reputation consequently accruing thereto in the course of trade, the plaintiff has exclusive right to use the said marks and their respective logos. 2.13 The defendant nos. 2 to 7 are various sellers, who are selling counterfeit products and infringing TITAN and FASTRACK branded watches on the web portal of defendant no. 1, i.e., www.shopclues.com. 2.14 The defendant no. 1 is clearly inducing customers to purchase cheap products such as watches, which are sold through its website. The defendant no. 1 is actively involved in promoting, campaigning and inducing customers into purchasing the products which are listed on its website. 2.15 Despite various complaints from the customers, the defendant no. 1 did not take down the counterfeit products which remain listed on the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45 CS(COMM) 609/2021 p. 8 defendant no. 1’s web portal. 2.16 Thus, the plaintiff was forced to file the present suit. 3. An ad-interim injunction was passed in favour of the plaintiff vide order dated 29th November, 2021, thereby restraining the defendants from using the plaintiff’s registered trademarks in any manner whatsoever. 4. Though parties were referred to mediation, however, the mediation failed. 5. This Court notes that vide order dated 14th November, 2024, learned counsels appearing for defendant nos. 1, 3, 4 and 6 had submitted that the said defendants were ready to suffer a decree, in case, the plaintiff gave up its right for claiming cost and damages. 6. Today, learned counsels appearing for defendant nos. 1, 3, 4 and 6 reiterate their said submission. They jointly submit under instructions, that the suit can be decreed in favour of the plaintiff, provided the plaintiff gives up its claim for cost and damages. 7. Likewise, learned counsel for defendant nos. 2 and 5 also submits that the said defendants are ready to suffer a decree in terms of the prayer made in the plaint, provided, the plaintiff gives up its right for costs and damages. 8. This Court notes that defendant no. 7 already stands deleted from the array of parties vide order dated 27th July, 2023, since defendant no. 7 has already expired and is not survived by any legal heirs. 9. Learned counsel for the plaintiff, on instructions, submits that the plaintiff is satisfied with the statement made by learned counsels for the defendants. 10. He further submits that the plaintiff shall give up its prayer for costs and damages. 11. Accordingly, with the consent of the parties, the suit is decreed in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45 CS(COMM) 609/2021 p. 9 favour of the plaintiff and against defendant nos. 1 to 6 in terms of Para 65 (i), (ii) and (iii) of plaint. 12. Let decree sheet be drawn up. 13. With the aforesaid directions, the present suit, along with pending applications, stands disposed of. MINI PUSHKARNA, J FEBRUARY 20, 2025 c/au This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:56:45