A plaintiff must establish a prima facie case of trademark infringement and demonstrate that irreparable harm would occur without injunctive relief, balancing convenience in favor of the plaintiff.

ORDER

The present matter has been taken up for hearing in physical Court.

I.A. 2348/2021 (Exemption)

1. The present application has been filed under Section 151 CPC by the plaintiff seeking exemption from filing clear copies/copies with exact margins, English translations as well as original documents.

2. The application is allowed, subject to the plaintiff filing clear copies/copies with exact margins and English translations within two weeks from today. Insofar as filing of original documents is concerned, the plaintiff shall place the same on record as and when it is directed to do so by this Court.

I.A. 2347/2021 (Under Order XI Rule 1(4))

3. This is an application filed under Order XI Rule 1(4) CPC read with Section 151 CPC on behalf of the plaintiff seeking leave to file additional documents.

4. For the reasons stated, the prayer made in the application is allowed and liberty is granted to the plaintiff to file additional documents.

5. The application stands disposed of.

CS(COMM) 78/2021 and I.A. 2346/2021 (under Order XXXIX Rules 1&2 CPC)

6. Plaint be registered as suit.

7. Issue summons in the suit and notice in the application to the defendant on the plaintiff taking steps through all permissible modes including WhatsApp and E-mail returnable before the learned Joint Registrar on 05.04.2021 for completion of service, pleadings and admission/denial of documents.

8. The summons shall indicate that the written statement to the suit and reply affidavit to the application must be filed by the defendant within thirty days from the date of receipt of the summons. The defendant shall also file affidavit of admission/denial of the documents filed by the plaintiff, failing which the written statement shall not be taken on record.

9. The plaintiff is at liberty to file replication and rejoinder affidavit thereto within three weeks after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the defendant, failing which the replication shall not be taken on record.

10. List the suit and the application before the Court on 04.05.2021.

11. The present suit has been filed seeking relief of permanent injunction restraining infringement of trademark, passing off, infringement of copyright, unfair competition, delivery up, rendition of accounts, damages, etc.

12. Learned counsel for the plaintiff submits that the plaintiff is a company incorporated under the laws of Netherlands and is part of G-Star group of companies. G-Star RAW was founded in the year 1989 and is principally involved in design and marketing of jeans, tops, and other clothing, as well as diverse line of luxury accessories. It is one of the top selling denim brands and has established itself in 17 countries with sales in more than 45 countries around the world.

13. The first retail store of the plaintiff in India opened in the year 2016 and has six stores in India and two "Q-Shop in Shops" at Mumbai and Delhi. Besides, the plaintiff's products are also available for sale online. It is also stated that the sales turnover attributable to the plaintiff's marks in India for the year 2016-2017, 2017-2018 and 2018-2019 has been Rs.13,22,66,313.62/-, Rs.13,16,39,459.06 and Rs.7,40,32,481.60/- respectively.

14. In the year 1989, the plaintiff established business under the brand name `GAPSTAR'. Subsequently, in 1994 the brand changed from `GAPSTAR' to `G-Star