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.

ORDER

I.A. 2087/2022 (u/Section 151 of the Code of Civil Procedure, 1908 seeking exemption from filing certain documents, clear copies and English translation)

1. Exemption is granted, subject to just exceptions.

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

3. The application stands disposed of.

I.A. 2088/2022 (u/O XI Rule 1(4) (as amended by the Commercial Courts, Act, 2015) read with Section 151 of the Code of Civil Procedure, 1908, seeking leave to file additional documents)

4. This is an application seeking leave to file additional documents under Commercial Courts Act, 2015.

5. The Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act.

6. Accordingly, the application stands disposed of.

I.A. 2089/2022 (u/S 151 of the Code of Civil Procedure, 1908 read with Order XI Rule 6(3) Commercial Court Act, 2015 for declaration of the copies of the documents filed along with the plaint)

7. Exemption is granted, subject to just exceptions.

8. The Petitioner is exempted from filing the original documents at this stage and shall file the same on or before the next date of hearing.

9. The application stands disposed of.

I.A. 2090/2022 (u/Section 12 of the Commercial Courts Act, 2015 read with Section 151 of the CPC, 1908 for exemption from exhausting the remedy of pre-institution mediation)

10. Issue notice to the Defendant, by all permissible modes, upon filing of process fee, returnable on 04th July, 2022.

CS(COMM) 88/2022

11. Let the plaint be registered as a suit.

12. Upon filing of process fee, issue summons to the Defendant by all permissible modes. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the date of receipt of summons. Along with the written statement, the Defendant 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.

13. 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 Defendant, 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.

14. List before the Joint Registrar for marking of exhibits on 13th April, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

15. List before Court for framing of issues on 04th July, 2022.

I.A. 2086/2022 (u/O XXXIX Rules 1 and 2 read with Section 151 Code of Civil Procedure, 1908 seeking interim injunction)

16. The Plaintiff has filed the present suit seeking an injunction against the infringement of its trademark/trade-dress/writing/style/colour combination/packaging/label/copyright, passing-off of goods, delivery up, rendition of accounts of profits along with further damages.

17. Plaintiff is the registered proprietor of the marks - "NATURE'S", "NATURE ESSENCE", "NATURE'S ESSENCE" and "", and has registration for both word marks as well as logos.

18. The details of Plaintiff's registered marks are mentioned in paragraph no. 7 of the suit. The said registrations are valid, subsisting and in existence. Besides, Plaintiff also has the copyrights over the logo/label/device of "NATURE'S ESSENCE" as specified in paragraph no. 10 of the pl