Trademark infringement occurs when a mark is deceptively similar to a registered trademark, causing consumer confusion, which justifies injunctive relief.

ORDER

[VIA VIDEO CONFERENCING]

I.A.2492/2022 (for Exemption)

1. Subject to the plaintiff filing the originals, certified copies, clearer copies, translated copies, copies with exact margins of any dim or illegible documents on which the plaintiff may seek to place reliance on, within four weeks from today, exemption is granted for the present.

2. The application is disposed of.

I.A.2493/2022 (u/S 12A)

3. For the reasons stated in the application, the same is allowed.

CS(COMM) 106/2022

4. Let the plaint be registered as a suit.

5. Summons be issued to the defendants through all permissible modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.

6. Liberty is given to the plaintiff to file replication, if any, within fifteen days from the receipt of the written statement(s). Along with the replication filed by the plaintiff, an affidavit of admission/denial of the documents of the defendants, be filed by the plaintiff.

7. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall be also filed with the pleadings.

8. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

9. List before the Joint Registrar on 11th April, 2022 for completion of service and pleadings.

10. List before this Court on 15th July, 2022 for framing of issues.

I.A.2490/2022 (O-XXXIX R-1 and 2 of CPC)

11. The present suit has been filed seeking, inter alia, relief of permanent injunction against the defendants restraining the defendants from infringement and passing off the trademarks of the plaintiff.

12. It is submitted on behalf of the plaintiff that the plaintiff carries on the business of pharmaceutical products focusing on the nutritional supplements under the brand name and style of `FAST & UP' and its derivatives. It is averred that the plaintiff has claim over the trademark `FAST & UP' since 2010, having applied for the registration of `FAST & UP' (device) vide Trademark Application No. 2039264 on 18th October, 2010. Plaintiff has registrations of the word mark `FAST&UP' as well as its various derivatives in Class 5 and other classes as detailed in paragraph 10 of the application. Plaintiff also holds the domain name https://www.fastandup.in/ which was registered on 26th February, 2015. It is stated that the plaintiff has spent considerable amount of money towards advertising and promotion of the aforesaid brand and due to prior adoption and continuous use the trademark, `FAST&UP' has acquired distinctiveness in respect of the products of the plaintiff. It is further submitted that the artistic representation of the registered trademark (logo) of the plaintiff entitles the plaintiff to protection under the Copyright Act, 1957.

13. It is stated that the plaintiff came across the trademark of the defendants `BOOST&UP' in September, 2020 being used in respect of similar products. A seize and desist notice was also sent to the defendant no.1 by the plaintiff on 30th September, 2020. It is averred that the plaintiff could not file present suit earlier on account of the ongoing COVID-19 pandemic. A comparison of the logo of the plaintiff and the defendants is given below:

S. No.	Plaintiff	Defendant
1.

14. Issue notice to the defendants through all permissible modes.

15. Reply be filed within four weeks.

16. Rejoinder, if any, be filed within two weeks thereafter.

17. List before the Joint Registrar on 11th April, 2022.

18. List be