Prima facie case for grant of ex parte ad-interim injunction based on trademark infringement, passing off, and copyright infringement.

ORDER

I.A. 8522/2022 (Exemption)

1. Subject to the Plaintiffs filing originals, clearer copies and documents with proper margins, which they may seek to place reliance on, within four weeks from today, exemption is granted.

2. Application is allowed and disposed of.

I.A. 8521/2022 (seeking leave to file additional documents)

3. Present application has been preferred on behalf of the Plaintiffs seeking leave to file additional documents under Order 11 Rule 1(4) CPC.

4. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015.

5. Application is allowed and disposed of.

I.A. 8523/2022 (exemption from service to Defendants)

6. Since there is an urgency in the matter and the matter is being heard today, Plaintiffs are exempted from serving advance notice on Defendants No. 1 to 3.

7. For the reasons stated in the application, the same is partly allowed and disposed of.

LA 8519/2022 (Directions) & IA 8520/2022 (under Section 80 CPC, by Plaintiff)

8. Issue notice.

9. Mr. Sharique Hussain, learned counsel accepts notice on behalf of Defendant No.5.

10. Issue notice to the remaining Defendants, through all permissible modes, returnable on 01.09.2022.

CS (COMM) 364/2022

11. Let plaint be registered as a suit.

12. Issue summons.

13. Mr. Sharique Hussain, learned counsel enters appearance on behalf of Defendant No.5.

14. Written statement, if any, be filed by Defendant No. 5 within 30 days from today along with affidavit of admission/denial of the documents of the Plaintiffs.

15. Replication thereto be filed by the Plaintiffs within 15 days of the receipt of the written statement along with an affidavit of admission/denial of the documents filed by Defendant No. 5.

16. Upon requisite steps being taken by the Plaintiffs, summons be issued to the remaining Defendants, through all permissible modes, returnable on 05.08.2022 before the learned Joint Registrar.

17. Summons shall state that written statement be filed by the remaining Defendants within 30 days from the date of receipt of summons. Along with the written statement, Defendants shall also file an affidavit of admission/denial of documents of the Plaintiffs.

18. Replication be filed by the Plaintiffs within 15 days of the receipt of the written statement. Along with the replication, an affidavit of admission/denial of documents filed by the Defendants shall be filed by the Plaintiffs.

19. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

20. List before the Court on 01.09.2022.

I.A. 8518/2022 (under Order 39 Rules 1 and 2 CPC, by Plaintiffs)

21. Present application has been preferred by the Plaintiffs under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure 1908 for grant of ex-parte ad-interim injunction.

22. Issue notice.

23. Mr. Sharique Hussain, learned counsel accepts notice on behalf of Defendant No.5 and, at the outset, submits, on instructions, that there is only one account with respect to which details are being sought by the Plaintiffs and the answering Defendant shall comply with whatever directions are passed by this Court in this regard.

24. On steps being taken by the Plaintiffs, notice be issued to the remaining Defendants, through all permissible modes, returnable on 01.09.2022.

25. It is averred in the plaint that Plaintiff No. 1, inter alia owns, operates and manages the India online marketplace at www.amazon.in wherein lakhs of third-party sellers and buyers interact and conduct their transactions. Plaintiff No.1's online marketplace provides its users access to a range of approximately 170 million products listed/offered for sale by approximately 3,00,000 registered sellers across a broad range of categories. Plaintiff No.1 has lakhs of active visitors/users on its marketplace from all over the country at any given point of time.

26. It is averred that Plaintiff No.2 is an affiliate of Amazon.com Inc, a compan