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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Ht Media Limited & Anr. - Appellantss
Versus
Dipali Santosh Rao & Ors. - Respondents
CS (Comm) 249 of 2022
Decided On : 19-04-2022
Ex-parte Ad-interim Injunction - Intellectual Property Rights - Commercial Courts Act, 2015 - Order 39 Rules 1 and 2 CPC - Section 151 CPC
Fact of the Case:
Plaintiffs sought an ex-parte ad-interim injunction against Defendants for using a domain name deceptively similar to Plaintiffs' trademark 'HINDUSTAN TIMES'.
Finding of the Court:
The Court found that the Plaintiffs had made out a prima facie case for the injunction and that the balance of convenience lay in their favor. The Court granted the injunction and directed the Defendants to block/suspend access to the infringing website.
Issues: Infringement of trademark, unfair competition, dilution, and tarnishment.
Ratio Decidendi: The Court's decision was influenced by the prima facie case made by the Plaintiffs, the balance of convenience, and the need to protect intellectual property rights.
Final Decision: The Court granted the ex-parte ad-interim injunction and issued directions to the Defendants to block/suspend access to the infringing website.
ORDER
I.A. 6015/2022(exemption from advance service)
1. Since there is an urgency in the matter and the matter is being heard today, Plaintiffs are exempted from serving Defendants No.13 and 14 with advance notice.
2. For the reasons stated in the application, the same is allowed and disposed of.
I.A. 6018/2022 (Exemption)
3. Allowed, subject to all just exceptions.
4. Application stands disposed of.
I.A. 6016/2022(additional documents)
5. Present application has been preferred on behalf of the Plaintiffs seeking leave to file additional documents, under Order 11 Rule 1(4) of Commercial Courts, Commercial Appellate Courts, Commercial Divisions and Commercial Appellate Divisions Act, 2015 read with Section 151 CPC.
6. 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.
7. Application is allowed and disposed of.
I.A. 6017/2022(exemption from filing Court Fees)
8. For the reasons stated in the application, Plaintiffs are permitted to file requisite Court Fees within two weeks from today.
9. Application is allowed and disposed of.
CS (COMM) 249/2022
10. Let plaint be registered as a suit.
11. Upon filing of process fee, issue summons to the Defendants, through all permissible modes, returnable on 28.07.2022. Summons shall state that the written statement shall be filed by the Defendants within 30 days from the receipt of summons. Along with the written statement, Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs.
12. 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. 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 Joint Registrar on 28.07.2022.
14. List before the Court on 25.08.2022.
I.A. 6014/2022(under Order 39 Rules 1 and 2 CPC)
15. 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 an ex-parte ad-interim injunction.
16. Issue notice to the Defendants through all prescribed modes, returnable on 25.08.2022.
17. It is averred that Plaintiff No.1 is a public limited company incorporated under the Companies Act, 1956. Plaintiff No. 2 is a subsidiary of Plaintiff No. 1 and is also engaged in the business of print media with its Hindi leading publication 
''. Plaintiffs No. 1 and 2 belong to the same group of Companies, i.e., the 'Hindustan Times' Group.
18. It is averred that Plaintiff No. 1 is engaged in the business of print media, radio, internet etc. and is one of the foremost media houses in India. Plaintiff No. 1 enjoys a leadership position in the English newspaper market in India. At present, 'HINDUSTAN TIMES' emerges as a natural choice for around 8 million readers who turn to it for news, information, analysis and entertainment.
19. It is further averred that apart from print circulation, there are online editions of the newspapers as available on 'www.livehindustan.com' and 'www.hindustantimes.com'. The websites contain news articles and other infotainment content and are updated round the clock with latest and breaking news. The websites www.hindustantimes.com and www.livehindustan.com are the leaders in the online news space, reaching more than 42 million unique users and 46 million users respectively in February 2020. Both these websites are operated by HT Digital Streams Ltd., an affiliate/fellow subsidiary company of the Plaintiffs.
20. It is further averred that Plaintiffs offer their news-related services in Marathi as well, through the domain name, marathi.hindustantimes.com.
The said domain caters specifically to the sect of the Plaintiffs' customer- base, well-versed in Marathi, which is established from the fac
The Court upheld the importance of protecting intellectual property rights and preventing unfair competition through the grant of an ex-parte ad-interim injunction.
The judgment establishes the importance of protecting intellectual property rights, territorial jurisdiction in infringement cases, and the enforcement of injunction orders through ICANN regulations.
The main legal point established in the judgment is the grant of ex parte ad-interim injunction in cases of trademark infringement and the Court's authority to issue specific directions under Order 3....
The court granted an ad-interim injunction for trademark and copyright infringement upon finding a prima facie case of passing off by the defendants, who adopted a deceptively similar mark subsequent....
The main legal point established in the judgment is the protection of trademarks and prevention of infringement and passing off, as well as the application of procedural rules under the Civil Procedu....
A court may grant an ex-parte ad-interim injunction in a trademark infringement suit where the plaintiff establishes a prima facie case, balance of convenience, and the likelihood of irreparable inju....
The court established that a prima facie case for relief exists when trademark infringement is evident, justifying ex parte interim injunction to prevent irreparable harm.
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