IN THE COURT OF THE HON'BLE DISTRICT JUDGE,
PATIALA HOUSE COURT, NEW DELHI
ORIGINAL JURISDICTION
CS(COMM) No__________of 2021
In the matter of:
Yug Bite and Vittles Pvt Ltd,
RZ- 1053, Street No 5/8,
Main Sagar Pur,
New Delhi- 110046 …Plaintiff
VERSUS
Rolls Ville,
SHOP NO-1, U-8/26, U BLOCK,
DLF PHASE-III, Gurgaon, 122010 …Defendant No 1
Mr Pradeep Kumar,
J- 3, Sector- 18,
Naida, Gautam Buddha Nagar,
Uttar Pradesh- 201301 …Defendant No 2
COMMERCIAL MATTER
SUIT FOR PERMANENT INJUNCTION RESTRAINING
INFRINGEMENT OF TRADEMARK, DAMAGES AND DELIVERY
UP ETC.
The Plaintiff above - named respectfully submits as follows:
1. The Plaintiff, above named, respectfully submits that the
subject matter of the present suit is a 'commercial dispute'
as defined under Section 2(c) (xvii) of The Commercial
Courts Act, 2015.
2. The Plaintiff is an entity registered under the Companies
Act, 2013 with its Registered Office at RZ- 1053, Street No
5/8, Main Sagarpur, Nangal Raya, New Delhi -110046. That
the Plaintiff does not have any other office in any location in
India except the one mentioned here.
3. Defendant appears to be a sole proprietorship conducting
business in the city of Gurgaon and is selling identical
products to that of the Plaintiff. However, the structure and
ownership of the said Defendant will only be clear once they
appear before this Hon’ble Court and the Plaintiff craved
leave to amend the memo of parties that defendant may
disclose as being part of its business.
4. Mr Pradeep Kumar is the authorized signatory of the
Plaintiff and a board resolution demonstrating the same has
been filed with the documents.
About the Plaintiff
5. The Plaintiff is a company incorporated in the year 2018
and a printout from the website of the Ministry of Corporate
Affairs is enclosed herewith. The Plaintiff is a Registered
User for the trademarks of the Plaintiff and has been using
the same since incorporation. By virtue of the Registered
User Agreements, the proprietor, Mr Pradeep Kumar has
granted rights under Section 52 of the Act to the present
Plaintiff. Together, the Plaintiff and Defendant No 2 may be
known as the 'Right Holders' of the 'RollsKing Trademarks'.
6. That the trademark 'RollsKing' has been in continuous since
20 October 2011. That the first store under the said brand
name was opened in J -3, Sector - 18, Noida, Gautam
Buddha Nagar, an area that falls within the NCR. That due
to the high quality of food products used and the great taste
of the rolls, wraps and other food products made by the
proprietor, the name and reputation of 'RollsKing' kept . .
gaining increasing popularity among the consuming public.
7. That due to this increasing demand, the proprietor soon
started opening franchise branches across Delhi/NCR and
thereafter beyond NCR to states such as Haryana,
Telangana, Maharashtra and Uttarakhand.
8. That since 20 October 2011, the Right Holders have been
using the trademark 'ROLLSKING' while since 6 January
2014, the Right Holders have been supplementing the
trademark 'RollsKing' "With its device mark [ ].
Together these trademarks may be called the 'RollsKing
Trademarks'. That with time, the Right Holders have started
using the said trademarks for various other items such as
ketchup sachets, bottled mineral water and milkshakes.
9. With its long use and quality products the consuming
public recognizes the 'RollsKing Trademarks' and the brand
stands for quality that consumers can trust when looking
for a convenient and tasty meal that is not as elaborate as
the traditional Indian meal. The Right Holders have
leveraged this aspect of the appeal and has widened its
network of outlets to provide a standardized and appealing
experience to customers.
Not only can customers come "Within the store to have the
Right Holders products but also order them online through
third party applications such as Swiggy and Zomato.
10. The demand for the Right Holders products is such
that
as of today, approximately 55,00,000 (Fifty Five lakhs) rolls
are sold every year to the public while the annual revenues
of the Right Holders arising out of the RollsKing Trademarks
have risen to over Rs 11.32 crores. The Right Holders have
become a big brand in the food and beverage industry and
spend large amounts each year on advertising and
marketing to increase their brand presence in the market.
Details of Trademark Registration
11. The proprietor (Defendant No 2) owns all the rights
and title to the 'RollsKing' Trademarks and has given special
rights to the Plaintiff, i.e., the Registered User to use the
said trademarks. Details of the registered trademarks of the
proprietor (Defendant No 2) are tabulated below:
TRADEMARK TRADEMAR CLASS STATUS USED
K No. SINCE
