Trademark dispute over tiffin box: Delhi HC takes notes of CELLO's intent to resolve suit amicably

New Delhi [India], June 6 (ANI): The Delhi High Court has recently asked the Shree Vallabh Metals' counsel to take instructions if the suit can be resolved, after taking note of the statement of the defendant's Chief Operating Officer of (Cello Household Private Limited) ready and willing to suffer a decree of permanent injunction as sought by Plaintiff in the present suit as it has no further desire to manufacture any products under the mark "MAX FRESH" or any other similar mark, provided the Plaintiff is willing to give up its claim for damages and costs.
The Delhi High Court in an order passed on May 24, permitted the Authorized Representative of the Plaintiff/Shree Vallabha Matel along with their counsel, to visit the Defendant factory for inspection of unsold stock of Defendants, impugned goods.
The bench of Justice Sanjeev Narula also asked Advocate Anirudh Bakhru to appear for the Plaintiffs to take instructions if the suit can be resolved based on the Defendants' statement and fixed the matter for August 9, 2024, for further hearing.
The bench of Justice Sanjeev Narula was hearing a suit filed by Shree Vallabh Metals against CELLO Household Private Limited for alleged trademark infringement.
In October 2023, the Delhi HC granted an injunction against CELLO on further manufacturing of products under trademark MAX FRESH with immediate effect. The HC had granted time till March 31, 2024, to the Cello Group to exhaust the existing stock. In the month of April-May, 2024, Vallabh Metals purchased tiffin boxes from an e-commerce platform and found that the products were manufactured in November 2023 and March 2024.
Recently, Vallabh Metals filed a contempt application before the Delhi HC for violation of the October 2023 order.
Shree Vallabh Metals in October 2023 had secured an injunction from Delhi HC against the use of the MAX FRESH trademark by Cello Plastic Industrial Works.
Two leading manufacturers of tiffin boxes and other utensils, Shree Vallabh Metals and Cello Plastic Industrial Works, have locked horns over the 'MAX FRESH' trademark.

Recently, while hearing the plea of Shree Vallabh Metals, the Delhi HC had also summoned the COO of Cello Household Private Limited to be present before the court and directed that Mukesh Kothari, Chief Operating Officer (COO) of Cello Household Private Limited, shall be present before the court on the next date of hearing,"
Justice Narula directed Cello Plastic Industrial Works to file an affidavit, giving full disclosure of the goods manufactured from October 21, 2023, till the date of hearing, along with GST returns thereof.
The HC order came while hearing the petition filed by Shree Vallabh Metals over the selling of products under the "CELLO MAXFRESH" brand by Cello Plastic Industrial Works infringing the registered trademark. Shree Vallabh Metals, a leading manufacturer of home utensils adopted a trademark 'MAX FRESH' in 2010 and obtained registration for the same from the office of the Registrar of Trademarks.

Vallabh Metals, a leading Mumbai-based manufacturer and exporter, has been selling its tiffin boxes and other home utensils under the trademark MAX FRESH. The company also exports its household utensils, including tiffin boxes, to countries like the United Arab Emirates and Saudi Arabia.

The grievance of Vallabh Metal was that the Cello Group, which claims a right over the word CELLO for utensils and other products, also adopted the trademark MAX FRESH for its range of products in 2015. Cello Group also filed an application for the trademark MAX FRESH but did not acquire registration. (ANI)