Evergreen Sweet House vs Jv Evergreen Sweets And Treats & Ors.

ik-120343358 Delhi High Court 23 December 2024 • 18 min read

Judges (1)

Amit Bansal Delivered

Counsel (8)

Abhay Pratap Singh Counsel Defendant Ashutosh Lohia Counsel Defendant Manyaa Chandok Counsel Plaintiff Om Batra Counsel Plaintiff Rakshit Dhingra Counsel Plaintiff Shraddha Bhargava Counsel Defendant Sidhant Kumar Counsel Plaintiff Varun Pathak Counsel Defendant

Parties (5)

Bundl Technologies Pvt. Ltd. Defendant Evergreen Sweet House Plaintiff JV Evergreen Sweets and Treats Defendant Meta Platforms, Inc. Defendant Zomato Media Private Limited Defendant

Case Significance

Evergreen Sweet House vs Jv Evergreen Sweets And Treats & Ors. is a Delhi High Court decision dated December 23, 2024 (citation: ik-120343358). Evergreen Sweet House filed a trademark infringement and passing off suit seeking injunction against JV Evergreen Sweets and Treats for using the mark 'Evergreen' on food delivery platforms Zomato and Swiggy and on Instagram. The Court found prima facie that the plaintiff had established prior use and goodwill in the 'Evergreen' mark and that the defendant's use was likely to cause confusion. An interim injunction was granted directing defendant no.1 to take down all listings bearing 'Evergre The case was heard by Justice Amit Bansal.

Summary

Evergreen Sweet House filed a trademark infringement and passing off suit seeking injunction against JV Evergreen Sweets and Treats for using the mark 'Evergreen' on food delivery platforms Zomato and Swiggy and on Instagram. The Court found prima facie that the plaintiff had established prior use and goodwill in the 'Evergreen' mark and that the defendant's use was likely to cause confusion. An interim injunction was granted directing defendant no.1 to take down all listings bearing 'Evergreen' from Zomato, Swiggy, and Instagram, with platform operators directed to delist/block if the defendant failed to comply within two weeks.

What was the outcome of Evergreen Sweet House vs Jv Evergreen Sweets And Treats & Ors.?

Evergreen Sweet House filed a trademark infringement and passing off suit seeking injunction against JV Evergreen Sweets and Treats for using the mark 'Evergreen' on food delivery platforms Zomato and...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-120343358)