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JYOTI SINGH
Ht Media Limited And Another – Appellant
Versus
Dipali Santosh Rao – Respondent
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
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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