IN THE HIGH COURT OF DELHI AT NEW DELHI
NOKIA CORPORATION and ORS ..... Plaintiff
Through: Mr. N.K. Kaul, Sr. Adv. with
Mr. Neeraj Grover, Adv.
MOVIEEXPRESS and ORS ..... Defendant
HON'BLE MR. JUSTICE KAILASH GAMBHIR
O R D E R
Allowed, subject to all just exceptions.
Issue summons in the suit and notice on the application by
registered AD covers, speed post, ordinary process as well as courier,
returnable on 2.3.2012.
Notice for the date fixed.
Arguing the application for grant of ex parte ad interim
injunction, Mr. N.K. Kaul, learned Senior Counsel representing the
plaintiffs, submits that the trademark ?Nokia? is a registered trademark
of the plaintiffs and is a well-known trademark in terms of provisions of
the Trademark Act, 1999. Learned Senior Counsel further submits that the
trade mark ?Nokia? is famous and well known trade mark/trade name in
relation to any goods or services which not only makes an immediate
association in the mind of the consumers and public at large with the
products and services of the plaintiffs but also assures the consumer
that each product and service bearing the mark ?Nokia? is of the utmost
quality and would guarantee complete consumer satisfaction. Learned
counsel further submits that the said trademark ?Nokia? is registered in
the name of the plaintiffs in respect to various goods and services as
detailed in paragraph 13 of the plaint. Learned counsel further submits
that defendant no.2 is the production house and defendant no.3 is the
producer of a film and they had contacted the Marketing Division of the
plaintiffs to produce the film named ?Mr. Nokia?, in Telugu language.
Learned counsel further submits that neither the Marketing Division nor
the Legal Division of the plaintiff had given its approval and consent
for screening the film under the name of ?Mr. Nokia? or any name
deceptively or phonetically similar thereto. Learned counsel also submits
that already the defendants have started advertising and airing songs to
publicize the said movie containing reference to the mark ?Nokia? and/or
?Mr. No. Keyia?. Learned counsel has drawn attention of this Court to the
letter dated 8.3.2011 sent by the said defendants to the plaintiffs
wherein they have clearly stated that almost 75 per cent of the movie
songs will be based on mobile phones of the plaintiffs and the cellphone
would be the most important element in the film. Learned counsel thus submits that if the right of the plaintiff is not protected, then the
plaintiffs will suffer irreparable loss and injury to its well-
established reputation and the defendants, on the other hand, will gain
advantage to ride on the reputation of the plaintiffs.
I have heard learned Senior Counsel representing the plaintiffs at
considerable length and have also gone through the documents placed on
Till the next date of hearing the defendants, their directors,
partners or proprietors, as the case may be, their distributors,
officers, servants, representatives, theatre owners, exhibitors,
multiplexes, radio channels, online music websites and agents are
restrained from advertising, airing songs, publishing, publicizing,
offering for viewing the impugned movie under the title ?Mr. Nokia?
and/or ?Mr. No. Keyia? and/or ?Mr. Nav-kia? and/or offering the songs
containing the reference to the mark ?Nokia? and/or ?No.Keyia? and/or any
other identical or deceptively similar (phonetically, structurally or
visually) mark to the plaintiffs? registered trade mark ?Nokia? as also
from doing any such act amounting to passing off and/or dilution of the
plaintiffs? well known trademark ?Nokia?.
Provisions of Order XXXIX Rule 3 of the Code of Civil Procedure,
1908 shall be complied with by the plaintiffs within a period of three
This order shall become effective from the date it is served on the
KAILASH GAMBHIR, J
FEBRUARY 06, 2012/tp