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DELHI HIGH COURT
ASHA MENON
Hugo Boss Trade Mark Management Gmbh and Co. KG – Appellant
Versus
Ashok Kumar – Respondent
| Table of Content |
|---|
| 1. filing of appeal against refusal for injunction. (Para 1) |
| 2. arguments concerning identity of unknown defendants. (Para 2 , 3) |
| 3. court's reasoning based on reliance on prior judgments. (Para 4 , 5) |
| 4. clarification on challenges of issuing injunctions against unknown parties. (Para 6 , 7) |
| 5. dismissal of appeal and order for judgment publication. (Para 8 , 9) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Asha Menon, J.
1. This appeal has been filed by the plaintiff before the learned Trial Court against its order dated 7th February, 2022 whereby the learned Trial Court declined to grant ex-parte ad interim injunction against the respondent/defendant.
2. Mr. Sudarshan Kumar Bansal, learned counsel for the appellant submitted that the learned Trial Court had wrongly relied on the order of a Coordinate Bench of this court in Januki Kumari J.B. Rana v. Ashok Kumar, 2017 SCC OnLine Del 7533. Vide the same order, the learned Trial Court had also directed summons to be issued to the defendant. The learned counsel for the appellant submitted that when the identity of the infringers of the registered trademarks of the appellant, viz. 'HUGO BOSS', 'BOSS', 'HUGO' and other BOSS/HUGO fo
An ex-parte ad interim injunction cannot be issued against unknown defendants due to compliance issues with legal procedures, upholding the necessity for known parties in trademark infringement cases....
The legal principle established is that ex-parte ad-interim injunctions against unknown defendants must comply with the obligations imposed by law, and the Court must ensure the compliance.
Ex-parte interim orders were upheld against defendants for trade mark infringement, dismissing claims of suppression as insufficient given established rights and the distinct nature of John Doe actio....
(1) An ad interim injunction shall not be granted in derogation of right of opposite party.(2) An order passed without issuing notice to opposite party cannot be brought under purview of Section 36 C....
An injunction obtained under misrepresentation cannot be vacated without proven suppression of material facts; established trademark rights remain effective despite prior lawsuits.
The court upheld the grant of a temporary injunction due to established copyright ownership and urgency in preventing further infringement, emphasizing the need for protection against irreparable har....
Non-compliance of the Court order by the Petitioners in not taking steps to serve the Respondent - Learned Trial Court to hear the two applications before the summons in the suit and notice in the ap....
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