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DELHI HIGH COURT
SANJEEV NARULA
Sporta Technologies Pvt. Ltd. – Appellant
Versus
Roberta Gaming Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. procedural aspects regarding hearings and document submission. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. background and claims of trademark infringement by plaintiffs. (Para 13) |
| 3. plaintiffs' arguments regarding trademark infringement and unlawful activities. (Para 14) |
| 4. court's observations on prima facie case and interim relief. (Para 15) |
| 5. orders for injunction and compliance procedures. (Para 16 , 17) |
ORDER
[VIA HYBRID MODE]
I.A. 14562/2021 (for exemption from filing originals, clear copies and documents with proper margins)
1. The Plaintiffs shall file better copies of the exempted documents, compliant with the practice rules, before the next date of hearing.
2. The application stands disposed of.
I.A. 14561/2021 (under Section 12A of the COMMERCIAL COURTS ACT , 2015 read with Section 151 of the Code of Civil Procedure, 1908 seeking exemption from attempting pre-institution mediation)
3. Having regard to the facts of the present case, exemption from attempting pre-institution mediation is allowed.
4. The application stands disposed of.
I.A. 14560/2021 (under Order XI Rule 1(4) read with Section 151 of CPC, 1908, seeking leave to fil
Trademark infringement and passing off claims were established due to the unauthorized use of a competitor's trademark, justifying ex-parte injunction and domain suspension.
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 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 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....
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....
Trademark law recognizes the importance of avoiding consumer confusion between similar marks, especially in pharmaceuticals, while encouraging mediation to resolve disputes.
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