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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
RAHUL MISHRA – Appellant
Versus
JOHN DOE – Respondent
| Table of Content |
|---|
| 1. exemption from mediation granted for urgent relief. (Para 1) |
| 2. exemption from pre-institution mediation in urgent relief cases. (Para 2) |
| 3. plaintiffs granted leave to file additional documents. (Para 3 , 4) |
| 4. procedural allowance for filing additional documents. (Para 5) |
| 5. plaint duly registered; 'john doe' defendant identified. (Para 6 , 7) |
| 6. plaintiffs claim trademark and copyright infringement. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 7. defendants accused of selling counterfeit dresses online. (Para 24 , 25 , 26 , 27) |
| 8. court considers prima facie case for injunction. (Para 28 , 29) |
| 9. interim injunction granted to plaintiffs. (Para 30) |
| 10. directions for compliance and timelines for responses issued. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
ORDER
AMIT BANSAL, J.
I.A. 49743/2024 (u/s 12A of Commercial Courts Act)
1. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution mediation is granted.
2. The application stands disposed of.
I.A. 49742/2024 (O-XI R-1(4) of the Commercial Courts Act)
3. The present app
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The court granted an ex-parte ad-interim injunction against trademark and copyright infringement, emphasizing the plaintiffs' strong prima facie case and the urgency necessitating immediate relief.
The court upheld the grant of a temporary injunction due to established copyright ownership and urgency in preventing further infringement, emphasizing the need for protection against irreparable har....
The judgment establishes the importance of protecting intellectual property rights, territorial jurisdiction in infringement cases, and the enforcement of injunction orders through ICANN regulations.
Trademark infringement and passing off can be established based on the use of deceptively similar marks and failure to comply with interim injunction orders.
The main legal point established in the judgment is the protection of trademarks and prevention of infringement and passing off, as well as the application of procedural rules under the Civil Procedu....
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