The court emphasized the importance of protecting trademarks and preventing deceptive use through the grant of ex-parte ad-interim injunctions.

ORDER

I.A. 6540/2022 (Exemption)

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

2. Application is allowed and disposed of.

I.A. 6539/2022 (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 it wishes 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. 6538/2022 (Exemption from issuing notice to Defendants No. 18 and 19)

6. Since there is an urgency in the matter and the matter is being heard today, Plaintiffs are exempted from serving the Defendants No. 18 and 19 with advance notice.

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

I.A. 6536/2022 & 6537/2022 (Directions)

8. List on 19.05.2022.

CS (COMM) 275/2022

9. Let plaint be registered as a suit.

10. Upon filing of process fee, issue summons to the Defendant, through all permissible modes, returnable on 28.07.2022. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons. Along with the written statement, Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiff.

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

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

13. List before the learned Joint Registrar on 28.07.2022.

14. List before the Court on 19.05.2022.

I.A. 6535/2022 (under Order 39 Rules 1 and 2 of CPC)

15. Present application has been preferred by the Plaintiff 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.

16. Issue notice to the Defendants through all prescribed modes, returnable on 19.05.2022.

17. Dasti in addition to Defendants No. 9, 14, 20 and 21.

18. It is averred that Plaintiffs are popularly known, recognized and referred to, globally and in India, as 'Unilever', which word, apart from being a house mark, also forms a prominent, inseparable and integral part of their corporate names. Plaintiff No. 1 is a subsidiary of Plaintiff No.2. Plaintiff No. 2 is the owner of various trademarks including the trademark ('Unilever Logo') and has licensed the use of the same to Plaintiff No. 1 in India. Registrations for the Unilever logo and 'Hindustan Unilever' obtained by the Plaintiffs have been detailed in para 18 of the plaint and are stated to be valid and subsisting. Plaintiffs have incurred significant expenditure on promotion of their products/services sold/provided under the Plaintiffs' Marks through advertisements and brand building, which for the year 2020-2021 is Rs.4,737/- Crores. The immense goodwill and reputation of the Plaintiff is evident from the tables incorporated in paras 24 and 25 of the plaint, which reflect not only the magnitude of the sales revenue and turnover but also the fact that Plaintiffs are continuing to grow rapidly.

19. It is averred that Defendants No. 1 to 5 are Rogue Defendants (hereinafter referred to as 'Rogue Defendants'), who are offering jobs/programs for selling and marketing products of the Plaintiffs in return for monetary considerations, attracting unsuspecting members of the public by utilizing and/or using trademarks of the Plaintiffs herein. Information regarding such jobs is made available by the Rogue Defendants through lnstagram ads, social media messaging apps and on the impugned domain name/Defendant No. 1, i.e. https://unileverr1.in/#/home, which blatantly copies the h