IN THE HIGH COURT OF DELHI AT NEW DELHI
GROUPON,INC ..... Plaintiff
Through Mr. Sanjay Jain, Sr. Adv. with Mr. Rajendra Kumar, Mr. Ashish
Marbaniang and Mr. Deepak Gogia, Adv.
MOHAN RAO AND ANOTHER ..... Defendant
Through Mr. Hemant Singh, Ms. Mamta R. Jha and Mr. Manish K. Mishra, Adv.
HON'BLE MS. JUSTICE GITA MITTAL
O R D E R
IA No. 10581/2011
2. Mr. Rajendra Kumar accepts notice and prays for time to file a
reply. Let a reply be filed within three weeks. Rejoinder thereto, if
any, be filed within one week thereafter.
3. Learned senior counsel for the plaintiff has made a grievance
that the defendants are violating the order of injunction dated 27th May,
2011 which is disputed by learned counsel for the defendant. It is
submitted by Mr. Hemant Singh on instructions from Mr. Mohan Rao who is
present in court that in any case, it shall be ensured that the logo of
the plaintiff is not displayed or used by the defendant in any manner in
terms of the order of injunction which has been passed.
- 2 -
4. In the instant case, the parties are litigating over rights in
the trademark GROUPON. The defendant no. 1 is present in court from
5. It appears that the defendant no. 1 has also initiated
litigation against the plaintiff with regard to the said trademark before
the district court in Bangalore. Against the orders passed by the
district court, it is stated by Mr. Hemant Singh, Advocate that the
defendant has filed a writ petition in the High Court of Karnataka.
6. The request for making an attempt to resolve the disputes by
mediation is reasonable and deserves to be encouraged. It is therefore,
directed as follows :-
(i) Parties or their authorized representatives shall appear before
the Delhi High Court Mediation and Conciliation Centre on 15 th July, 2011
as requested at 3.30 p.m. Needless to say, as already noticed in the
order dated 23rd May, 2011 participation in the mediation is without
prejudice to the respective rights and contentions of the parties.
(ii) List before the court on 25th August, 2011 for reporting
outcome of mediation/hearing of arguments.
Dasti to parties.
JULY 08, 2011