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DELHI HIGH COURT
AMIT BANSAL
FDC Limited – Appellant
Versus
Nova Indus Pharmaceuticals – Respondent
| Table of Content |
|---|
| 1. procedural orders regarding the case management. (Para 1 , 2 , 5 , 12 , 22) |
| 2. plaintiff's claim of trademark infringement. (Para 16 , 17 , 18) |
| 3. comparison shows marks are deceptively similar. (Para 19) |
| 4. grant of ad interim injunction based on established claims. (Para 20 , 21) |
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 applicati
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 potent....
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.
Trademark law recognizes the importance of avoiding consumer confusion between similar marks, especially in pharmaceuticals, while encouraging mediation to resolve disputes.
The court established that a prima facie case for relief exists when trademark infringement is evident, justifying ex parte interim injunction to prevent irreparable harm.
The court established that prima facie evidence of trademark infringement justified an interim injunction to prevent irreparable harm to the Plaintiff.
A plaintiff must demonstrate a prima facie case of trademark infringement, supported by evidence of prior use and likelihood of consumer confusion to obtain an ex-parte injunction.
Trademark infringement occurs when a mark is deceptively similar to a registered trademark, causing consumer confusion, which justifies injunctive relief.
The court allowed the plaintiff's request for additional documents and issued summons for trademark infringement, emphasizing procedural compliance and mediation.
Trademark infringement and passing off claims were established due to the unauthorized use of a competitor's trademark, justifying ex-parte injunction and domain suspension.
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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