Back
2022 Supreme(Del) 1605
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Sirona Hygiene Private Limited - Appellant
Versus
Parulben Navnath Chothani Trading As Shiv Enterprise & Ors. - Respondents
CS (Comm) 260 of 2022
Decided On : 25-04-2022
Ms. Aamna Hasan, Mr. Vaibhav Vutts, Ms. Anupriya Shyam, Advocates, for the Appellant; Ms. Sneha Jain, Advocate, for the Respondent.
The judgment establishes the legal principle that prima facie trademark infringement and the potential for irreparable injury can warrant the grant of an ex parte ad interim injunction.
Headnote:
Trademark Infringement - Feminine Hygiene Products - Commercial Courts Act, 2015 - S. 12A, Order XI Rule 1(4), Order XI Rule 4 - CS(COMM) 260/2022
Fact of the Case:
The Plaintiff, Sirona Hygiene Private Limited, sought an ex parte ad interim injunction against the Defendants for selling counterfeit feminine hygiene products under the mark 'SIRONA' and 'SIROMA' on e-commerce platforms.
Finding of the Court:
The Court found that the Plaintiff had made out a prima facie case for grant of an ex parte ad interim injunction. It held that the sale of counterfeit products would cause irreparable injury to the Plaintiff and the balance of convenience was in the Plaintiff's favor.
Issues: Trademark infringement, sale of counterfeit products, ex parte ad interim injunction
Ratio Decidendi: The Court restrained the Defendants from manufacturing, selling, advertising, or distributing any feminine hygiene products under the mark 'SIRONA' or 'SIROMA'. It also directed the e-commerce platforms to take down infringing products and provide details of the sellers to the Plaintiff.
Final Decision: The Court granted the ex parte ad interim injunction in favor of the Plaintiff and issued directions to restrain the Defendants from selling counterfeit products.
ORDER
1. This hearing has been done through hybrid mode.
I.A. 6248/2022 (advance service)
2. In view of the fact that the Plaintiff has sought ex parte ad-interim injunction in the matter, the exemption from advance service to the Defendants is granted.
3. I.A. 6248/2022 is disposed of.
I.A. 6247/2022 (exemption from filing clear copies)
4. This is an application filed by the Plaintiff seeking exemption from filing clear copies along with affidavit. For the reasons stated in the application, the exemption is allowed.
5. I.A. 6247/2022 is disposed of.
I.A. 6246/2022 (u/O XI Rule 4)
6. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015. The Plaintiff, 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.
7. I.A. 6246/2022 is disposed of.
I.A. 6245/2022 (u/O XI Rule 1(4)) (for exemption from filing original documents)
8. This is an application seeking exemption from filing original and clear copies of documents. Recording the Plaintiff's undertaking that the inspection of original documents shall be given, if demanded, and that the original documents shall be filed prior to the stage of admission/denial, the exemption is allowed.
9. I.A. 6245/2022 is disposed of.
I.A. 6244/2022 (u/S 12A)
10. This is an application seeking exemption from instituting pre-litigation mediation. In view of the orders passed in CS (COMM) 132/2022 titled Upgrad Education v. Intellipaat Software, the application is allowed and I.A. 6244/2022 is disposed of.
CS(COMM) 260/2022
11. Let the plaint be registered as a suit.
12. Issue summons to the Defendants through all modes upon filing of Process Fee.
13. The summons to the Defendants shall indicate that a written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
14. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
15. List before the Joint Registrar for marking of exhibits on 18th July, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
16. List before Court on 30th August, 2022.
I.A. 6243/2022 (for stay)
17. The Plaintiff - Sirona Hygiene Private Limited has filed the present suit impleading M/s Parulben Navnath Chothani, trading as Shiv Enterprise, as Defendant No.1. Three e-commerce websites: Snapdeal, Meesho and Amazon, through their companies have been arrayed as Defendant No.2, 3, and 4 respectively. Defendant No.5 is a John Doe defendant.
18. The case of the Plaintiff is that it is engaged in the business of designing, production, manufacture, marketing and sale of various toiletries, personal care products, intimate hygiene products which focus on feminine hygiene and health. Some of the products which have been invented and introduced by the Plaintiff are:
'a. SIRONA Feminine Pain Relief Patches- India's 1st herbal pain patches for menstrual cramps.
b. SIRONA Oxo- Degradable Disposal Bags- India's 1st sanitary disposal bags for clean & hygienic disposal of sanitary products.
c. SIRONA Menstrual Cups, Tampons and Panty Liners.
d. SIRONA Intimate Wash (pH balanced - Natural - No Chemical Actives)
e. SIRONA Therapeutic Body Wash.
19. The Plaintiff is stated to have received a large number of awards for its inventions. It adopted the mark 'SIRONA' in the year 2016 and this mark has now been
