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DELHI HIGH COURT
AMIT BANSAL
Doctutorials Edutech Private Limited – Appellant
Versus
Telegram FZ-LLC – Respondent
| Table of Content |
|---|
| 1. procedural orders for the case. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 2. intellectual property infringement claim. (Para 19 , 20 , 21) |
| 3. defendant's willingness to comply. (Para 22 , 23) |
| 4. issuance of notice to defendants. (Para 24 , 25) |
| 5. ex parte injunction granted. (Para 28 , 30) |
ORDER
I.A. No. 1339/2022 (for exemption from pre-institution mediation and settlement)
1. For the reasons stated in the application, the same is allowed.
2. The application stands disposed of.
I.A. No. 1340/2022 (for exemption)
3. Subject to the plaintiffs filing certified, typed, translated, legible copies of any dim or illegible documents on which they may seek to place reliance, within four weeks from today, exemption is granted for the present.
4. The application is disposed of.
I.A. No. 1341/2022 (u/s 80 of CPC)
5. For the reasons stated in the application, the application is allowed and the plaintiffs are given leave to file the present suit without serving notice under Section 80 of the Code of Civil Procedure, 1908 (CPC).
CS(COMM) 60/2022
6. Let the plaint be registered as a suit.
7. Summons be issued to the defendants.
8
A plaintiff may secure an ex parte injunction against unidentified infringers if they establish a prima facie case and demonstrate potential irreparable harm.
Patent holders are entitled to seek injunctions against infringing products to protect their rights and maintain market integrity.
The requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, is not mandatory in cases where urgent interim relief is sought, as per established judicial precede....
The main legal point established in the judgment is the grant of an ex-parte ad-interim injunction based on a prima facie case of copyright infringement, with a focus on the balance of convenience an....
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....
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