Trademark owners can obtain interim injunctions against unauthorized use and fraudulently misleading representations by third parties, if a prima facie case of infringement and public deception is established.

ORDER

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I.A.2500/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

I.A.2470/2022 (by the plaintiffs under Order XI Rule 1 (4) read with Section 151 CPC seeking leave to file additional documents)

3. For the reasons stated in the application, the same is allowed. The plaintiffs are permitted to file additional documents within a period of 30 days, subject to all just exceptions.

4. The application stands disposed of.

I.A.2501/2022 (by the plaintiffs under Section 151 CPC for exemption from prior service to the defendants and seeking ex-parte audience for urgent orders)

5. For the reasons in the application, the same is allowed and exempted from effecting prior service to the defendants.

6. The application stands disposed of.

I.A. 2502/2022 (by the plaintiffs under 12A of the Commercial Courts Act, 2015 and Section 151 CPC seeking exemption from instituting pre-litigation mediation)

7. In view of the submissions made that the defendants are fraudulently using the name, logo and Identity Card of the plaintiffs to cheat the public offering dealerships and vanishing with the money, the plaintiff is exempted from instituting pre-litigation mediation. 12A is allowed.

8. The application stands disposed of.

CS(COMM) 104/2022, I.As.2469/2022 (by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 CPC)

9. The plaint be registered as a suit.

10. Issue summons in the suit and notice in the applications to the defendants by all permissible modes, returnable before the Joint Registrar.

11. The summons shall indicate that the written statement(s) to the suit and reply(ies) to the application(s) be filed by the defendant(s) within thirty days from the date of receipt of the summons. The defendant(s) shall also file the affidavit of admission/denial of the document(s) filed by the plaintiff(s), failing which the written statement(s) shall not be taken on record.

12. The plaintiffs are at liberty to file replication(s) to the written statement(s) and rejoinder(s) to the reply(ies) filed by the defendant(s) before the next date of hearing following the filing of the written statement(s)/reply(ies). The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendant(s), failing which the replication(s) shall not be taken on record.

13. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.

14. The suit has been filed by the plaintiff to prevent dishonest adoption and continued unauthorized use of its trademarks and copyrights by the defendants No.1 and 2. The learned counsel for the plaintiffs Mr. Aayushmaan Gauba has submitted that these defendants were fly by night operators/entities who had opened domain names and ID contacts, namely www.evbikedealership.online and using the email ID contact@evbikedelaership.online to announce dealerships of the plaintiffs fraudulently to cheat the public.

15. Learned counsel submitted that the plaintiff was the registered proprietor of several trademarks as listed in Para No.14 of the plaint and reproduced herein below:

16. It is further submitted that the plaintiffs are in the business of electric vehicles and their trade name "Hero" and "Hero Electric/" Hero Motocrop" and "Hero Service" is present in various countries worldwide including India and they were competing in a vast range of markets glob