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DELHI HIGH COURT
C.HARI SHANKAR
Frankfinn Aviation Services Private Limited – Appellant
Versus
Fly High Institute – Respondent
| Table of Content |
|---|
| 1. preliminary orders and procedural decisions (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. plaintiff's trademark rights and claims (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. request for interim injunction (Para 21) |
| 4. rationale for granting interim relief (Para 22 , 23 , 24 , 25) |
ORDER
(Video-Conferencing)
CS(COMM) 305/2021
1. Issue summons.
2. Written statement, accompanied by an affidavit of admission and denial of the documents filed by the plaintiff, be filed within a period of four weeks with advance copy to learned Counsel for the plaintiff, who may file replication thereto, if any, within a period of two weeks thereof accompanied by an affidavit of admission and denial of the documents of the defendants.
3. List on 3rd September, 2021 before the Joint Registrar for completion of pleadings, admission and denial of the documents and marking of exhibits.
IA 7714/2021 (extension of time for filing court fee)
4. Mr. Kapil Midha, learned Counsel for the plaintiff, submits that he would file court fee within a period of two weeks from today. Subject thereto exemption is granted for the present.
5. The application stands disposed of.
IA 7712/2021 (exemp
Trademark infringement established due to similarity of marks; ex parte injunction granted to prevent irreparable harm to the plaintiff.
The court established that the plaintiff's registered trademark "FLY HIGH" is suggestive of its services, protecting its exclusive rights and warranting an interim injunction against the defendants f....
The Court upheld the importance of protecting intellectual property rights and preventing unfair competition through the grant of an ex-parte ad-interim injunction.
The unauthorized use of a registered trademark by third parties constitutes infringement, necessitating immediate ex parte relief to prevent consumer deception.
The judgment establishes the importance of protecting intellectual property rights, territorial jurisdiction in infringement cases, and the enforcement of injunction orders through ICANN regulations.
Registered trademarks are protected against similar marks that may cause consumer confusion, justifying injunctions for infringement and passing off.
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.
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