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.

ORDER

[VIA HYBRID MODE]

I.A. 13667/2021 (for exemption from exhausting the remedy of pre-institution mediation)

1. In the facts of the present case, the exemption sought from attempting pre-institution mediation, is allowed.

2. Accordingly, the application stands disposed of.

I.A. 13666/2021 (for seeking extension of time for filing the court fee)

3. Counsel for the Plaintiff states that he will make up the deficiency in the Court Fees, within a period of three days from today. Taking the said statement on record, the application is allowed and disposed of.

I.A. 13665/2021 (for declaration of the copies of the documents filed along with the plaint)

4. The exempted documents shall be filed positively within a period of one week from today, in strict compliance with the practice rules of this Court.

5. With the aforesaid direction, the present application is allowed and disposed of.

I.A. 13664/2021 (under Order 11, Rule 1(4) of the COMMERCIAL COURTS ACT , 2015 r/w Section 151 of the Code of Civil Procedure, 1908 [`CPC'] seeking leave to file additional documents)

6. This is an application seeking leave to file additional documents at a later stage under the COMMERCIAL COURTS ACT , 2015.

7. 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 .

8. Accordingly, the application stands disposed of.

I.A. 13663/2021 (for exemption from filing certain documents, clear copies and English translation)

9. Allowed, subject to just exceptions.

10. The exempted documents shall be filed within a period of one week from today, in strict compliance with the practice rules of this Court.

11. With the aforesaid direction, the present application is allowed and disposed of.

CS(COMM) 523/2021

12. Let the plaint be registered as a suit.

13. Upon filing of the process fee, issue summons to the Defendant by all permissible modes. Summons shall state that the written statement shall be filed by the Defendant within thirty days from the date of receipt of summons. Along with the written statement, the Defendant 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 fifteen 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 Defendant, 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 23rd December, 2021. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

16. List before the Court for framing of issues on 09th March, 2022.

I.A. 13662/2021 (under Order XXXIX Rules 1 and 2, CPC)

17. The Plaintiff has filed the present suit, inter alia, seeking permanent injunction restraining infringement of trademark/copyright/trade-dress/ writing style/colour combination/overall get-up; passing off; rendition of accounts; damages; delivery-up, and other ancillary reliefs.

18. The case as set out in the Plaint is as follows: Plaintiff is a private limited company dealing in manufacturing and marketing of goods falling in Class-03. It is the prior adopter and owner of trademarks "

19. Mr. Sanjay Aggarwal, counsel for the Plaintiff states that the products/goods of the Plaintiff-Company are available on various online/ e-commerce portals such as - Amazon, Flipkart, Shopclues, IndiaMart, etc. Screenshots of the same have been annexed to the Plaint. In September 2021, the Plaintiff found Defendant's product [""] in a shop in Chandrapur Town, Mumbai. Upon further investigation, the Plaintiff learnt that Defe