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DELHI HIGH COURT
SANJEEV NARULA
TTK Prestige Limited – Appellant
Versus
Baghla Sanitaryware Private Limited – Respondent
| Table of Content |
|---|
| 1. exemption from filing attested affidavits (Para 1 , 3 , 4) |
| 2. liberty to file court fee later (Para 5 , 7) |
| 3. procedure for filing additional documents (Para 9 , 11) |
| 4. registration of plaint and summoning of defendants (Para 12 , 14) |
| 5. trademark infringement and passing off (Para 18 , 19 , 21 , 22 , 23) |
| 6. granting of interim injunction (Para 24 , 25) |
| 7. future court proceedings scheduled (Para 26 , 28) |
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 res
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.
Trademark infringement occurs when a mark is deceptively similar to a registered trademark, causing consumer confusion, which justifies injunctive relief.
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.
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....
The court affirmed that trademark owners are entitled to an interim injunction against unauthorized similar use that may confuse consumers, prioritizing the prevention of irreparable harm over potent....
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