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DELHI HIGH COURT
C.HARI SHANKAR
New Balance Athletics Inc. – Appellant
Versus
Nbstoresinindia.in – Respondent
| Table of Content |
|---|
| 1. exemption applications granted (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. plaintiff's mark registered; defendants' infringement noted (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 19) |
| 3. interim reliefs sought were analyzed and granted (Para 17 , 18 , 20 , 21 , 22 , 23) |
| 4. court's orders on interim injunction and restrictions (Para 24) |
| 5. next steps and notice to defendants issued (Para 25 , 26 , 27) |
ORDER
(Video-Conferencing)
I.A. 266/2022 (Section 151 CPC for exemption)
1. This is an application for exemption from filing an apostilled Power of Attorney. For the reasons stated in the application and subject to the plaintiff filing a duly apostilled Power of Attorney, as expeditiously as possible given the present circumstances, exemption is granted for the present.
2. The application is disposed of.
I.A. 267/2022 (Section 12A of Commercial Courts Act, 2015)
3. For the reasons stated in the application, exemption from the requirement of pre-institution mediation is granted.
4. The application is allowed accordingly.
I.A. 265/2022
5. Subject to the plaintiff filing legible copies of any illegible and dim documents on which it may seek to place reliance within a p
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The unauthorized use of a registered trademark by third parties constitutes infringement, necessitating immediate ex parte relief to prevent consumer deception.
The court granted an ex parte injunction against defendants for trademark infringement, finding prima facie merit in the plaintiff's claim and recognizing potential irreparable harm.
The court emphasized the importance of protecting trademarks and preventing deceptive use through the grant of ex-parte ad-interim injunctions.
Trademark infringement and passing off can be established based on the use of deceptively similar marks and failure to comply with interim injunction orders.
Trademark infringement established due to similarity of marks; ex parte injunction granted to prevent irreparable harm to the plaintiff.
The court granted an ad-interim injunction for trademark and copyright infringement upon finding a prima facie case of passing off by the defendants, who adopted a deceptively similar mark subsequent....
The judgment establishes the importance of protecting intellectual property rights, territorial jurisdiction in infringement cases, and the enforcement of injunction orders through ICANN regulations.
The court upheld that protecting registered trademarks from potentially infringing use requires establishing a prima facie case, balance of convenience, and potential for irreparable harm.
The court granted an ex-parte ad-interim injunction against trademark and copyright infringement, emphasizing the plaintiffs' strong prima facie case and the urgency necessitating immediate relief.
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