The case established the importance of protecting intellectual property rights and preventing trademark infringement, especially when there is a likelihood of irreparable injury to the rightful owner.

ORDER

1. This hearing has been done through hybrid mode.

I.A. 15838/2022 (for exemption)

2. This is an application seeking exemption from filing certified/cleared/typed or translated copies of documents. Exemption is allowed, subject to all just exceptions.

3. I.A. 15838/2022 is disposed of.

I.A. 15837/2022 (u/O 11 Rule 1(4))

4. This is an application filed on behalf of the Plaintiff seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, `Commercial Courts Act'). 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.

5. I.A.15837/2022 is disposed of.

CS(COMM) 671/2022

6. Let the Plaint be registered as a suit.

7. Issue summons to the Defendants through all modes upon filing of Process Fee.

8. 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.

9. 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 Defendant, 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.

10. List before the Joint Registrar for marking of exhibits on 16th November, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

11. List before Court on 15th December, 2022.

I.A. 15836/2022 (u/O XXXIX Rules 1 & 2 CPC)

12. The present suit concerns the mark `LIVE LAW'. The Plaintiff seeks permanent and mandatory injunction restraining infringement of the mark `LIVE LAW', domain name, passing off, dilution, rendition of accounts, delivery up, damages, etc. It is the case of the Plaintiff - Live Law Media Pvt. Ltd., who claims to be the proprietor of the mark `Live Law', that the Defendant No.1 - M/s. Tiya Law Library and Defendant No.2 - Mr. Sanjeev Kumar Sharma, an advocate, have registered the website `www.livelaw.info' and are also using various e-mail addresses, such as `livelaw19@yahoo.com', `livelaw31@rediffmail.com', and `livelaw21@rediffmail.com'. The remaining Defendants i.e., Defendant Nos.3 to 10, are the ISPs who provide access to the said impugned websites. A representation of the competing marks used by Plaintiff and the Defendant No. 1, as set out in the Plaint, is depicted hereinbelow:

13. The Plaintiff owns and runs `LIVE LAW/LIVE LAW.IN' which is an online legal news portal. The said portal covers significant legal developments in the Supreme Court, High Courts and other major courts and tribunals in India, as also, some foreign and international legal development. As set out in the Plaint, the Plaintiff also covers legal events; publicizes legal job opportunities; broadcasts real-time updates of court proceedings (both on Twitter and via its Websites/App); analyses landmark judgments, significant legal provisions, contemporary issues, and legal concepts; publishes columns and Op-eds; and, interviews famous legal personalities, under the mark/name `LIVE LAW'. The Plaintiff claims user in respect of the mark `LIVE LAW' since the year 2013. The Plaintiff obtained the registration of the domain name `www.livelaw.in' on 8th March, 2013. The mark `LIVE LAW' is also being used as part of the corporate name of the Plaintiff - Company which was incorporated on 13th May, 2013.

14. The Plaintiff has obtained registration of the mark `LIVE LAW', vide Application No.3379