Exclusive trademark rights can be enforced against infringement while mediation routes are prioritized for resolution in trademark disputes.

ORDER

[VIA HYBRID MODE]

I.A. No. 16106/2021 (seeking exemption from filing clearer copies and original documents)

1. Exemption allowed, subject to all just exceptions.

2. The Plaintiff shall file better copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. The application stands disposed of.

I.A. No. 16107/2021 (seeking exemption from complying with the provisions of Section 12-A of Commercial Courts Act, 2015)

4. After some submissions, Senior Counsel for the parties, on instructions, state that mediation is certainly possible amongst the parties. Accordingly, the parties are directed to appear before the Delhi High Court Mediation and Conciliation Centre on 13th December, 2021.

5. The Mediation Centre is requested to appoint Mr. Rajeev Virmani, Senior Counsel as the Mediator.

6. The application stands disposed of.

I.A. No. 16105/2021 (for appointment of a Local Commissioner u/Order XXVI, Rule 9 of the Code of Civil Procedure, 1908.)

7. The application is not pressed.

8. Dismissed as not pressed.

CS(COMM) 628/2021

9. Let the plaint be registered as a suit.

10. Issue summons. Ms. Isha Malik, counsel for Defendant No. 1, accepts summons. Upon filing of process fee, issue summons to Defendant No. 2, by all permissible modes. Summons shall state that the written statement shall be filed by the Defendants within a period of 30 days from the date when the mediation is concluded. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.

11. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

12. List before the Joint Registrar for marking of exhibits on 11th February, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

13. List before Court 14th January, 2022.

I.A. No. 16104/2021 (Application seeking temporary injunction against the Defendants u/Order XXXIX Rules 1 & 2 of CPC, 1908)

14. Issue notice. Ms. Isha Malik, counsel for Defendant No. 1, accepts notice. Issue notice to Defendant No. 2, by all permissible modes, upon filing of process fee, returnable on 20th April, 2022.

15. The present suit relates to piracy/passing off/infringement of a registered design of the Plaintiff with respect to a submersible, mono-block and centrifugal pump that is registered under the Designs Act, 2000 under number 289880 dated 6th January, 2017. The Plaintiff contends that the Defendants have fraudulently imitated the design by not only copying all the essential features of the Plaintiff's registered design, but also the entire get-up, layout, overall appearance and all the unique features.

16. Pending adjudication of the suit, Plaintiff seeks several reliefs in the instant application, including a relief of restraining Defendants and their dealers, distributors, stockiest, agents, associates and others acting on their behalf from advertising on internet or other mediums under the trade name "CROMPTON" and/or "CROMPTON GREAVES" - or any other such