LPA/294/2026 of ALKA INDUSTRIAL CORPORATION Vs SATYAPAUL AND CO & ANR. on 23 July 2026

O R D E R

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23.07.2026

1. This appeal lays a challenge to the judgment dated 09.02.2026 passed in C.O. (COMM.IPD-TM) 651/2022 whereby the learned Single Judge has decided the appeal by stating in paragraphs 41, 42 and 43 as under: “41. Having regard to the fact that the respondent no.1 has claimed use of the mark AiC ARUN from the year 2004 which was registered in the year 2010 in Class-7 coupled with the fact that the sales figures are not so much as to affect the petitioner and is very localised, this Court deems it fit, in terms of the provisions of Section 57, to direct variation by directing deletion of the word “ARUN” from the trademark “AiC ARUN”, registered in favor of the respondent no.1, bearing registration no.1524226 and permit the respondent no.2 to continue to manufacture goods under Class-7 and offer them for sale retaining the mark “AiC” for such products. The respondent no.1 is at liberty to add word before or after “AiC” so as to comply with safe distance rule and is clearly distinct from that of the petitioner.

42. With the aforesaid directions, the petition is allowed 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 27/07/2026 at 15:24:43

the respondent no.2/Registrar of Trade Marks is directed to carry out the variation by rectifying the Register of Trade Marks. The direction be complied with within 6 weeks from date.

43. The petition is disposed of with pending applications if any, in terms of the above directions.”

2. Mr. Subhash C Jindal, learned counsel who appears for the appellant states that the appeal be disposed of by just allowing the appellant herein to dispose of the stock of goods including spare parts and packing material of AIC Arun, valued at about Rs.8,50,000/- within a period of six months from today.

3. This representation of Mr. Subhash C Jindal, learned counsel for the appellant is agreeable to the learned counsel for the respondent no. 1/ Mr. Manvendra Mukul.

4. If that be so, we permit the appellant to dispose of the stock of goods including spare parts and packing material of AIC Arun, which have been valued at about Rs.8,50,000/- on or before 31.01.2027.

5. The appellant shall, on selling/disposing off the stock of the goods including spare parts and packing material of AIC Arun of value about Rs.8,50,000/-, file a statement in the Court on or before 07.02.2027 by giving a copy of the same to the learned counsel for respondent no. 1.

6. With the above, the appeal stands disposed of.

V. KAMESWAR RAO, J

MANMEET PRITAM SINGH ARORA, J JULY 23, 2026/msh 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 27/07/2026 at 15:24:43