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IN THE HIGH COURT OF DELHI AT NEW DELHI
Saurabh Banerjee
For appointment of LC Lokesh Tayal Trading As Durga Plastics - Plaintiff – Appellant
Versus
Amit Agarwal – Respondent
ORDER :
Saurabh Banerjee, J.
I.A. 44806/2024-Additional Documents
1. Vide the present application, the plaintiff seeks thirty days to file additional documents.
2. For the reasons stated in the present application, the same is allowed and the plaintiff is granted thirty days to file additional documents, albeit, strictly as per the provisions of the Commercial Courts Act, 2015, the Code of Civil Procedure, 1908 (‘CPC’) and the Delhi High Court (Original Side) Rules, 2018.
3. Accordingly, the present application is disposed of.
I.A. 44808/2024-Exp
4. Allowed, subject to all just exceptions.
5. The application stands disposed of.
I.A. 44809/2024-Exp to serve the defendants in advance
6. In light of the order dated 13.11.2024 passed by this Court, wherein the parties have been referred to mediation, the present application has been rendered infructuous.
7. Accordingly, the present application is disposed of.
I.A. 44810/2024-Exp from preinstitution mediation.
8. In light of the order dated 13.11.2024 passed by this Court, wherein the parties have been referred to mediation, the present application has been rendered infructuous.
9. Accordingly, the present application is disposed of.
CS(COMM) 1002/202
The court allowed the plaintiff's request for additional documents and issued summons for trademark infringement, emphasizing procedural compliance and mediation.
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....
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.
The court established that prima facie evidence of trademark infringement justified an interim injunction to prevent irreparable harm to the Plaintiff.
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.
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.
Trademark law recognizes the importance of avoiding consumer confusion between similar marks, especially in pharmaceuticals, while encouraging mediation to resolve disputes.
In commercial litigation, parties must comply with strict rules on document disclosure; late submissions are only permissible under specified conditions.
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