Back
ASHA MENON
Hugo Boss Trade Mark Management Gmbh And Co. Kg – Appellant
Versus
Ashok Kumar – Respondent
JUDGMENT
asha Menon, J. - This appeal has been filed by the plaintiff before the learned Trial Court against its order dated 7th February, 2022 whereby the learned Trial Court declined to grant ex-parte ad interim injunction against the respondent/defendant.
2. Mr. Sudarshan Kumar Bansal, learned counsel for the appellant submitted that the learned Trial Court had wrongly relied on the order of a Coordinate Bench of this court in Januki Kumari J.B. Rana v. ashok Kumar, 2017 SCC OnLine Del 7533. Vide the same order, the learned Trial Court had also directed summons to be issued to the defendant. The learned counsel for the appellant submitted that when the identity of the infringers of the registered trademarks of the appellant, viz. 'HUGO BOSS', 'BOSS', 'HUGO' and other BOSS/HUGO formative marks for its clothing/apparels, accessories, perfumes, lifestyle goods, watches, shoes, belts, bags, was unknown, there was no occasion for the learned Trial Court to have directed issuance of summons. Rather an injunction against infringement ought to have been granted.
3. The learned counsel explained that the suit was in the nature of a 'John Doe' litigation and the defendant(s) is/are unknown
The legal principle established is that ex-parte ad-interim injunctions against unknown defendants must comply with the obligations imposed by law, and the Court must ensure the compliance.
An ex-parte ad interim injunction cannot be issued against unknown defendants due to compliance issues with legal procedures, upholding the necessity for known parties in trademark infringement cases....
(1) An ad interim injunction shall not be granted in derogation of right of opposite party.(2) An order passed without issuing notice to opposite party cannot be brought under purview of Section 36 C....
Ex-parte interim orders were upheld against defendants for trade mark infringement, dismissing claims of suppression as insufficient given established rights and the distinct nature of John Doe actio....
An injunction obtained under misrepresentation cannot be vacated without proven suppression of material facts; established trademark rights remain effective despite prior lawsuits.
Non-compliance of the Court order by the Petitioners in not taking steps to serve the Respondent - Learned Trial Court to hear the two applications before the summons in the suit and notice in the ap....
Judicial efficiency requires urgent applications for injunction and local commissioner appointment to be heard promptly to protect the interests of the parties involved.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
