JUDGMENT (Oral)

I.A.20127/2022 (under Order XXXIX Rules 1 and 2 of CPC)

1. By this judgement, I proceed to decide the present application, which seeks interim injunctive relief against the defendants.

2. There are fifteen defendants, of which the allegedly infringing defendants are Defendants 3 to 15. Of these defendants, the suit stands settled and decree sheet drawn up in respect of Defendants 2, 3, 5, 6, 8, 10, 11, 12, 13, 14 and attempts at settlement of the dispute with Defendants 15 are in progress.

3. Defendant 9 has remained absent in these proceedings. The only surviving defendants are Defendant 1-Amazon Seller Services Pvt Ltd and Defendant 7, who continues to contest the plaint.

4. As such, this plaint survives for consideration only vis-`-vis Defendant 7.

5. I have heard Mr. Vaibhav Vutts, learned Counsel for the plaintiff and Mr. Anil Kumar Sahu, learned Counsel for Defendant 7, at considerable length.

6. The present case is one of alleged design infringement. The plaintiff asserts Design 263764, certified in favour of the plaintiff on 30th June 2014 by the Patent Office. The design is in respect of a disposable female urination device titled 'PEE BUDDY', intended