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DELHI HIGH COURT
SANJEEV NARULA
EL Baik Food Systems Co. S.A. – Appellant
Versus
Arsalan Wahid Gilkar – Respondent
| Table of Content |
|---|
| 1. granting of ex-parte injunction (Para 19 , 26) |
| 2. plaintiff's background and trademark registrations (Para 20 , 21) |
| 3. defendants' alleged trademark infringement (Para 22 , 23) |
| 4. establishment of prima facie case and balance of convenience (Para 24 , 25) |
| 5. procedural compliance and hearing schedule (Para 27 , 28 , 29) |
ORDER
[VIA VIDEO CONFERENCING]
I.A. No. 7388/2021 (for exemption)
1. Allowed, subject to just exceptions.
2. The application stands disposed of.
I.A. No. 7389/2021 (for seeking exemption from filing attested/apostilled affidavit)
3. The present application under Section 151 of the Code of Civil Procedure, 1908 (in short `CPC') on behalf of the Plaintiff seeks exemption from filing attested/apostilled affidavits.
4. The Plaintiff submits that due to the COVID-19 pandemic situation and resultant restrictions, they are unable to get the attested/apostilled affidavits. Due to the urgency of the matter, the Plaintiff has filed the present suit without the attested/apostilled affidavits.
5. The application is allowed, subject to the Plaintiff filing the exempted documents within two weeks from the day the lockdown restrictions imposed by the Govern
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Plaintiff established a prima facie case of trademark infringement and copyright violation, leading to an injunction against Defendants' unauthorized use of trademarks.
Plaintiff established a prima facie case for trademark and copyright infringement, necessitating an interim injunction to prevent consumer confusion and irreparable harm.
Trademark infringement claims must prevent confusion in the marketplace, emphasizing the necessity for injunctions when identical marks are used in overlapping services, particularly in a global cont....
A plaintiff must demonstrate a prima facie case of trademark infringement, supported by evidence of prior use and likelihood of consumer confusion to obtain an ex-parte injunction.
The court established that a prima facie case for relief exists when trademark infringement is evident, justifying ex parte interim injunction to prevent irreparable harm.
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.
Trademark infringement occurs when a mark is deceptively similar to a registered trademark, causing consumer confusion, which justifies injunctive relief.
The court granted an ad-interim injunction for trademark and copyright infringement upon finding a prima facie case of passing off by the defendants, who adopted a deceptively similar mark subsequent....
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