p. 1 $~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 621/2023 & I.A. Nos. 17069/2023 & 5891/2024 PURPLE INNOVATION, LLC .....Plaintiff Through: Ms. Anuradha Salhotra with Ms. Mehak Rahul Chaudhry, Mr. Zeeshan Khan and Ms. Vanshika Arora, Advocates. (M): 9811068018 Email: litigation@rahulchaudhry.com versus MR. MARTIN DAVIS TRADING AS M/S PURPLE MARTIN MATTRESES AND ORS. .....Defendants Through: Ms. Isha Ghai with Ms. Sradhaxna Mudrika and Mr. Kuriakose Varghese, Advocates for defendant nos. 1, 2 and 3. (M): 9958973857 Email: isha@kmnplaw.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present suit has been filed seeking permanent injunction to restrain the defendants from passing off the plaintiff’s trademark, i.e. ‘PURPLE’ by usage of the mark ‘PURPLE MARTIN’/ O R D E R % 21.02.2025 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 10:56:50 p. 2 for sale of identical goods, i.e., mattresses, by the defendants. 2. Learned counsel appearing for the defendants upon instructions submits that without admitting to the claims of the plaintiff regarding infringement of the mark by the defendants, the defendants are ready to give up the impugned mark, i.e. ‘PURPLE MARTIN’/ 3. Learned counsel appearing for the plaintiff submits that the plaintiff is satisfied with the statement made on behalf of the defendants that the defendants shall not use the mark ‘PURPLE MARTIN’/ any more. 4. She further submits that the plaintiff gives up its prayer for cost and damages and that the suit can be decreed in favour of the plaintiff, in view thereof. 5. Learned counsel appearing for the plaintiff further submits that the defendants ought to destroy all the products with the mark in question. 6. In response, learned counsel appearing for the defendants submits that the label/mark from the products shall be removed by the defendants. 7. Accordingly, considering the submissions made before this Court, the following directions are issued: I. The present suit is decreed in favour of the plaintiff and against the defendants in terms of para 39(i), (ii) and (iii) of the plaint. II. The defendant no. 3 is directed to withdraw its trademark application 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 10:56:50 p. 3 no. 5758017 for the device mark III. The requisite application shall be filed by the defendants before the Trade Mark Registry within a period of four weeks from today. IV. As and when such an application is filed by the defendants for withdrawal of the aforesaid trademark, the Trade Mark Registry shall process the same and pass appropriate orders expeditiously. V. The defendants are directed to remove all the labels/stickers/signs of the mark ‘PURPLE MARTIN’/ from their products. VI. The defendants shall transfer the domain name www.purplemartin.in in favour of the plaintiff. VII. Let the needful be done by the defendants within a period of six weeks from today. 8. With the aforesaid directions, the present suit, along with the pending applications, stands disposed of. MINI PUSHKARNA, J FEBRUARY 21, 2025 c 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 10:56:50