DELHI HIGH COURT
PRATHIBA M.SINGH
Kores (India) Limited – Appellant
Versus
Doms Industries Private Limited – Respondent
| Table of Content |
|---|
| 1. challenge to trademark registrations (Para 2 , 3 , 4) |
| 2. arguments on additional issues in trademark litigation (Para 5 , 6 , 8) |
| 3. overview of trademarks and evidence presented (Para 7 , 9) |
| 4. court's role in trademark validity challenges (Para 10 , 11) |
| 5. decisions on additional issues and trial progression (Para 12 , 14) |
| 6. procedure for challenging trademark registrations (Para 13) |
| 7. conclusion and order of the court (Para 15 , 16) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present petition challenges the impugned order dated 4th January, 2022, passed in CS (COMM) 312/19 titled Doms Industries Private Limited v. Kores India Limited, by which the application of the Petitioner/Defendant (hereinafter "Defendant") under Order XIV Rule 5 CPC for framing of additional issues has been rejected by the Commercial Court.
3. The submission of Mr. Abhishek Mishra, ld. Counsel appearing for the Defendant, is that the suit in this case was filed by the Respondent/Plaintiff (hereinafter "Plaintiff") for permanent injunction restraining infringement of trademarks, unfair trade practice, damages, etc. He submits that initially,





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