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DELHI HIGH COURT
PRATHIBA M.SINGH
Levi Strauss and Co. – Appellant
Versus
Imperial Online Services Private Limited – Respondent


JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present suit seeking permanent injunction restraining trademark infringement, copyright infringement, passing off of trademark and other reliefs has been filed by the Plaintiff - Levi Strauss & Co. In the suit, the Plaintiff seeks protection of its stitching design, which is known as `Arcuate Stitching Design' mark. The said mark, as per the Plaintiff, was adopted in 1873 and is used on all the textiles including denim jeans, which are manufactured and sold by the Plaintiff. The said mark is as extracted below:

3. The grievance of the Plaintiff is that the Defendants were also selling denim jeans with the identical `Arcuate Stitching Design' mark through the website www.urbanofashion.com and other e-commerce platforms. The Plaintiff found the products with the infringing mark on various e-commerce platforms including amazon.in, flipkart.com, nykaafashion.com, myntra.com, snapdeal.com, limeroad.com and paytmmall.com. The mark used by the Defendants is depicted below:

4. The Plaintiff had issued notices to the Defendants. Out of the Defendants impleaded in the present case, the D




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