JUDGMENT

1. This petition under Article 227 of the Constitution of India has been filed by the defendant before the learned Commercial Court, Central District, Tis Hazari, against its orders dated 15th December, 2021, dismissing the application under Order VII Rule 11 CPC filed by the petitioner/defendant for rejection of the suit as there was no cause of action.

2. The respondent before this Court had filed a suit for permanent injunction to restrain the petitioner/defendant from infringing the copyright of the respondent/plaintiff with further directions of delivery up, damages and rendition of accounts.

3. The respondent/plaintiff is the proprietor of M/s Capital Enterprises and claimed to be carrying on an old, established and reputed business of manufacturing and trading in socks etc. In his suit he claimed to have adopted the trade mark/logo 'R.D. Special'

in the year 1994. He applied for registration of the logo under No.4242962 in respect of socks and other goods included in class 25. He also claimed to have created an artistic packagingin the year 1994 which was an original artwork and thus, he was the owner of the copyright in the same.

4. The suit was filed alleging that in t