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 context.

ORDER

[VIA VIDEO CONFERENCING]

I.A. 7144/2021 (for exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application is disposed of.

I.A. 7145/2021 (for exemption from filing affidavit without notarization/attestation and for exemption for vakalatnamas from bearing seal /stamp of Plaintiffs)

3. The present application under Section 151 of the Code of Civil Procedure, 1908 (in short `CPC') on behalf of the Plaintiffs seeks exemption from filing affidavits without notarization/attestation and further, seeks exemption from filing vakalatnamas without seal/stamp of the Plaintiffs.

4. The Plaintiffs submit that due to the current COVID-19 pandemic and resultant restrictions, they are unable to file the notarized/attested affidavits and the stamped vakalatnamas. Due to the urgency of the matter, Plaintiffs have filed the subject suit without the abovementioned documents.

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 Government of NCT of Delhi are lifted and the facility for attestation of affidavits is resumed.

6. The application stands disposed of. I.A. 7146/2021 (seeking exemption from filing the requisite court fee)

7. The present application under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (in short `CPC') on behalf of the Plaintiffs seeks exemption from filing the requisite court fee.

8. The Plaintiffs submit that due to the current COVID-19 pandemic and resultant restrictions, they are unable to procure the necessary court fee stamps. Due to the urgency of the matter, Plaintiff has filed the subject suit without the court fee.

9. The application is allowed, subject to the Plaintiffs filing the requisite court fee within two weeks from the day the lockdown restrictions imposed by the Government of NCT of Delhi are lifted and the facility for obtaining court fees is resumed.

10. The application stands disposed of.

I.A. 7147/2021 (u/O 11 R 1(4) of the Commercial Courts Act, 2015 r/w Section 151 CPC seeking leave to file additional documents)

11. This is an application seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (in short `Commercial Courts Act').

12. The Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act.

13. Accordingly, the application stands disposed of.

I.A. 7148/2021 (for seeking exemption from Pre-Litigation Mediation under Section 12A of the Commercial Courts Act, 2015)

14. The Plaintiffs have filed the present application seeking exemption from pre-litigation mediation under Section 12A of the Commercial Courts Act. The Plaintiffs urge that since there is an urgency in the matter so it may be exempted from the mandate of Section 12A of the Commercial Courts Act.

15. For the grounds and reasons stated in the application, the same is allowed, subject to just exceptions.

16. The application stands disposed of.

CS(COMM) 263/2021

17. Let the plaint be registered as a suit.

18. Issue summons. Summons are accepted by Mr. Divjyot Singh, learned counsel for the Defendant Nos. 1, 2 and 4, Mr. Nimish Chib, learned counsel for the Defendant Nos. 3 and 5 and Mr. Alipak Banerjee, learned