The main legal point established is that the application of the anti-dissection rule and the identification of dominant marks are crucial in determining infringement of registered trade marks.

ORDER (Oral)

I.A. 20529/2022 (Order XXXIX Rules 1 and 2 of the CPC)

1. This judgement provides the reasons for the order in this case, which was pronounced on 9th January 2023.

2. The plaintiff Subway IP LLC is a Company incorporated in the State of Delaware, U.S., which operates a well-known global chain of restaurants under the name `SUBWAY', with the name being represented with the well-known logos [IMG] and [IMG]. The plaintiff is the properietor, in India, of registrations not only of the `SUBWAY' word and device marks, but also of `SUBWAY CLUB' and `VEGGIE DELITE', being the names allotted by the plaintiff to its club sandwich and vegetable sandwich respetively. The plaintiff holds the following trade mark registrations in India:

3. Copies of the registrations have been placed on record. The defendant does not dispute the proprietorship, by the plaintiff, of the aforesaid registered trade marks.

4. The plaintiff, therefore, asserts exclusivity over the word and device marks SUBWAY, [IMG], VEGGIE DELITE and SUBWAY CLUB.

5. Defendant 1 Infinity Foods LLP is a partnership firm of which Defendants 3 and 4 are partners. Defendants 3 and 4 are licensees of the plaintiff, to whom the plaintiff has granted the right to franchise the plaintiff`s outlets vide agreement dated 30th May 2019. Since then, Defendants 3 and 4 have, through the outlets owned by them, been serving and distributing the products of the plaintiff. Recitals A and B in the franchise agreement dated 30th May 2019, on which Mr Sethi learned Senior Counsel for the plaintiff places reliance, read as under:

`A' Subway IP LLC, a Delaware limited liability company with a principal office in Doral, Florida, USA ('SIP') owns a proprietary system for establishing and operating restaurants featuring sandwiches, pizza and salads under the trade name and service mark Subway* (the "System"). The system was developed spending considerable money, time, and effort. The System includes the trademark Subway*, other trademarks, trade names, service marks, commercial announcements (slogans) and related insignia (logos) SIP name [the 'Marks']. The System also includes confidential information and goodwill. The parties acknowledge that SIP owns the Marks registered with the India Trade Mark Registry, including the trademark "Subway" in international classes 30 and 32 on July 20, 1989 under registration numbers 513704 and 513705, respectively; 'Subway & Design' in class 42 on March 27, 2007 under registration number 1347782; 'Subway' in international class 42 on August 7, 2008 under registration number 1349577; and "VEGGIE DELITE" in classes 29 and 30 on May 18, 2015 under registration number 1750661.

B. SIP granted a non-exclusive license to Subway International B.V., a Netherlands limited liability company ('Licensor') to