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DELHI HIGH COURT
C.HARI SHANKAR
Anil Rathi – Appellant
Versus
Barhi Concast LLP – Respondent
| Table of Content |
|---|
| 1. plaintiff permitted to file additional documents. (Para 1 , 2) |
| 2. exemption granted subject to conditions. (Para 3 , 4 , 5) |
| 3. summons issued; pleadings timeline set. (Para 7 , 8) |
| 4. argument for ex-parte injunction based on trademark infringement. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 5. merit in granting ex-parte relief; injunction granted. (Para 16 , 19) |
| 6. case set for next hearing with compliance directive. (Para 17 , 18 , 21) |
ORDER
(Video-Conferencing)
I.A. 7382/2021(under Order 11 Rule 1(4) (as amended by the Commercial Courts Act, 2015) read with Section 151 of the CPC, 1908)
1. This is an application for permission to file additional documents. The plaintiff is permitted to file additional documents, subject to the right of the defendants to admit or deny the same, within four weeks from today.
2. The application stands disposed of.
I.A. 7383/2021 (under Section 151 of CPC, 1908 - for exemption)
3. Subject to the plaintiff filing legible copies of any dim or illegible documents on which he may seek to place reliance, within four weeks from today, exemption is granted for the present.
4. The application stands disposed of.
I.A. 7384/2021(under Sect
The court granted an ex parte injunction against defendants for trademark infringement, finding prima facie merit in the plaintiff's claim and recognizing potential irreparable harm.
(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....
The unauthorized use of a registered trademark by third parties constitutes infringement, necessitating immediate ex parte relief to prevent consumer deception.
Availability of alternative effective remedy and the importance of disclosing all relevant facts in legal proceedings
The court upheld that protecting registered trademarks from potentially infringing use requires establishing a prima facie case, balance of convenience, and potential for irreparable harm.
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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