The court affirmed that trademark owners are entitled to an interim injunction against unauthorized similar use that may confuse consumers, prioritizing the prevention of irreparable harm over potential economic loss.

ORDER

[VIA VIDEO CONFERENCING]

I.A. No. 2706/2022 (for exemption from certified/original/typed/clear/dim copies of the documents filed)

1. Subject to the plaintiff filing the certified copies of the documents and clear and legible copies of any dim documents on which the plaintiff may seek to place reliance on, within four weeks from today, exemption is granted for the present.

2. The application is disposed of.

I.A. No. 2705/2022 (u/O-XI R-1(4) of CPC)

3. The present application filed on behalf of the plaintiff seeks leave to file additional documents under the Commercial Courts Act, 2015.

4. The plaintiff is granted thirty days' time to file additional documents.

5. Accordingly, the application stands disposed of.

I.A. No. 2707/2022 (u/s 151 CPC for exemption from filing pre-institution mediation u/S. 12A Commercial Courts Act, 2015)

6. For the reasons stated in the application, exemption is allowed.

CS(COMM) 114/2022

7. Let the plaint be registered as a suit.

8. Summons be issued to the defendants.

9. Summons are accepted by the counsel for the defendant no. 1 appearing on advance notice. The counsel for the defendant no. 1 states that the defendant no. 1 wants to settle the matter with the plaintiff.

10. Summons be issued to the defendant no. 2 through all permissible modes.

11. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.

12. Liberty is given to the plaintiff to file replication, if any, within fifteen days from the receipt of the written statement(s). Along with the replication filed by the plaintiff, affidavit of admission/denial of the documents of the defendants, be filed by the plaintiff.

13. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall be also filed with the pleadings.

14. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

15. List before the Joint Registrar on 27th April, 2022 for competition of service and pleadings.

I.A. No. 2704/2022 (u/O-XXXIX R-1 & 2 CPC)

16. The present suit has been filed seeking permanent injunction against the defendants from infringement and passing off the registered trademark of the plaintiff along with other ancillary reliefs.

17. The case of the plaintiff is that the plaintiff is the registered owner of the trademark `ZIPOD' since 5th August, 2004, which is an arbitrary and an invented mark with no dictionary meaning. The plaintiff has been using the trademark in respect of the anti-biotic medicines and had sales of over Rs.10,00,00,000/- for the financial year 2021.

18. It is averred that in January, 2022 plaintiff came across products bearing mark `ZIFPOD' in the market being used by the defendants in respect of identical products. Cease and desist notice dated 3rd September, 2019 was issued by the plaintiff to the defendant no. 1 in this regard.

19. A comparison of the trademarks of the plaintiff as well as the defendants clearly demonstrate that the two marks are deceptively similar. The defendants have simply added the letter `F' to the mark `ZIPOD'.

20. In my view, the plaintiff has established a prima facie case for grant of ad inte