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MANMOHAN, SAURABH BANERJEE
Talkaji Bhaguji Prajapati – Appellant
Versus
Rashik Soap Factory – Respondent
JUDGMENT
Manmohan, J. Present appeal has been filed challenging the order dated 5th January, 2023 passed by the learned District Judge (Commercial Court), South District, Saket, Delhi in CS (COMM) NO. 11/2023, whereby the applications filed by the respondent/plaintiff under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (`CPC') for ex-parte interim relief and under Order XXVI Rule 9, CPC have been partially allowed at the ex parte stage. Appellant also seeks for de-sealing of the goods, packaging, bill books etc. seized by the Local Commissioner.
2. Learned counsel for the appellant/defendant states that the plaintiff/respondent had concealed and suppressed material facts and documents from the Trial Court in order to get an injunction in its favour. He states that the respondent had concealed from the Trial Court that the appellant had copyright registration dated 27th July, 2018 of the impugned artistic work under number A-126312/2018, which is four years prior to the copyright registration of the respondent. He further states that the respondent did not file the registration certificate of the appellant wherein it had been mentioned that the label was first publish
Concealment of material facts and alternative effective remedy for challenging ex parte interim relief orders.
Availability of alternative effective remedy and the importance of disclosing all relevant facts in legal proceedings
Point of law: Learned Single Judge is already seized of the controversy and has listed the matter day after, it would not be proper for this Court to interfere with the impugned orders at this junctu....
Learned Single Judge is already seized of the controversy and has listed the matter day after, it would not be proper for this Court to interfere with the impugned orders at this juncture.
An injunction obtained under misrepresentation cannot be vacated without proven suppression of material facts; established trademark rights remain effective despite prior lawsuits.
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....
Copyright registration lacks originality if it constitutes imitation of an existing work and violates prior rights.
(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....
Prior use of trademarks and established sales figures can justify injunctive relief to prevent consumer confusion and protect intellectual property rights.
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