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JYOTI SINGH
Living Media India Limited And Another – Appellant
Versus
Satbir Bhardwaj – Respondent
ORDER
I.A. 5792/2022(seeking leave to file additional documents)
1. Present application has been preferred on behalf of the Plaintiffs seeking leave to file additional documents under Order 11 Rule 1(4) CPC.
2. 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.
3. Application is allowed and disposed of.
I.A. 5793/2022(exemption)
4. Subject to the Plaintiffs filing originals, clearer copies and certified copies of documents, which they may seek to place reliance on, within four weeks from today, exemption is granted.
5. Application is allowed and disposed of.
CS (COMM) 235/2022
6. Let plaint be registered as a suit.
7. Issue summons.
8. Ms. Mamta Jha, learned counsel enters appearance on behalf of Defendant No.4.
9. Written statement be filed by Defendant No. 4 within 30 days from today along with affidavit of admission/denial of the documents of the Plaintiffs.
10. 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. 4.
11. Upon requisite steps being taken by the Pla
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 upheld the importance of protecting intellectual property rights and preventing unfair competition through the grant of an ex-parte ad-interim injunction.
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 central legal point established in the judgment is the protection of well-established trademarks and the grant of ad-interim injunction against infringement on online platforms.
The court emphasized the importance of protecting trademarks and preventing deceptive use through the grant of ex-parte ad-interim injunctions.
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 protection of trademarks and prevention of infringement and passing off, as well as the application of procedural rules under the Civil Procedu....
The court upheld that protecting registered trademarks from potentially infringing use requires establishing a prima facie case, balance of convenience, and potential for irreparable harm.
The court established that prima facie evidence of trademark infringement justified an interim injunction to prevent irreparable harm to the Plaintiff.
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