The court established that the unauthorized use of a registered trademark leading to public confusion warrants an interim injunction against the infringing party to protect the Plaintiff's rights.

ORDER

[VIA VIDEO CONFERENCING]

I.A. No. 7379/2021 (for seeking exemption from filing attested affidavits)

1. The present application under Section 151 of Code of Civil Procedure, 1908 (in short `CPC') on behalf of the Plaintiff seeks exemption from filing attested affidavits.

2. The Plaintiff submits that due to the current COVID-19 pandemic and resultant restrictions, they are unable to file the attested affidavits. Due to the urgency of the matter, Plaintiff has filed the subject suit without the attested affidavits.

3. 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.

4. The application stands disposed of.

I.A. No. 7380/2021 (for seeking liberty for subsequent filing of relevant Court fee)

5. The present application under Section 149 r/w Section 151 of CPC on behalf of the Plaintiff seeks liberty for subsequent filing of relevant Court fee.

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

7. The application is allowed, subject to the Plaintiff filing the subsequent 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 issuance of court fee stamps is resumed.

8. The application stands disposed of.

I.A. No. 7378/2021 (under Order XI Rule 1(4) r/w Section 151 of CPC, 1908 to file additional documents and fair, translated and clear copy of the documents)

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

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

11. Accordingly, the application stands disposed of.

CS(COMM) 281/2021

12. Let the plaint be registered as a suit.

13. Upon filing of process fee, issue summons to the Defendants by all permissible modes. Summons shall state that the written statement shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.

14. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

15. List before the Joint Registrar for marking of exhibits on 5th August, 2021. It is made clear that any party unjustifiably denying document(s) would be liable to be burdened with costs.

16. List before the Court for framing of issues on 09th September, 2021 thereafter.

I.A. No. 7377/2021 (under Order XXXIX Rules 1 and 2 r/w Section 151 of CPC, 1908 for interim injunct