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2025 Supreme(Del) 652

IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA, J.
Optum Global Solutions (India) Private Limited - Appellant
Versus
Go Daddy.Com, LLC and Others - Respondents
CS (COMM) No. 757 of 2025
Decided On : 01-08-2025

Advocates Appeared:
For the Appellants : Dayan Krishnan, Dheeraj Nair, Padmaja Kaul, Sukrit Seth, Himanshu Vij, Vansh Bhutani
For the Respondents: Saurabh Kumar, Rose Maria Selu, Vedanshi Jalan, Nishant Gautam, Vardhman Kaushik, Shaurya Mani Pandey, Prithvi Raj

The urgency and severity of fraudulent impersonation necessitate immediate injunctive relief to protect trade mark rights.

Headnote:This judgment involves an application by the Plaintiff under Order XI Rule 1(4) of the CPC for filing additional documents. The court analyzed the situation and found a prima facie case favoring the Plaintiff due to the unauthorized activities infringing upon the registered trade mark. The court emphasized the need for urgent relief and allowed exemption from prior notice and service of summons amid ongoing fraudulent impersonation activities involving the Plaintiff's brand and employees. The court ultimately granted an ex parte ad-interim injunction to safeguard the Plaintiff's rights against infringements exemplified in the judgment.

Table of Content
1. application for exemption from procedural requirements. (Para 1 , 4 , 7)
2. facts surrounding fraudulent impersonation of plaintiff. (Para 27 , 28 , 30 , 43)
3. ongoing harm due to rapid impersonation activities. (Para 39 , 41 , 42 , 44)

ORDER :

I.A. 17949/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

1. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to Commercial Suits under the Commercial Courts Act, 2015 (“CC Act”) seeking leave to place on record additional documents.

2. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

3. Accordingly, the Application stands disposed of.

I.A. 17950/2025 (Exemption from pre-institution Mediation)

4. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.

5. As the present matter 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.

6. The Application stands disposed of.

I.A. 17951/2025 (U/S 80 of the CPC)

7. The present Application has been filed by the Plaintiff under Section 80 of the CPC, seeking exemption from two months‟ prior notice upon Defendant Nos. 22 to 25.

8. In view of the urgent relief and the nature of relief sought against Defendant Nos. 22 to 25, the Plaintiff is exempted from effecting two months‟ prior notice under Section 80 of the CPC upon Defendant Nos. 22 to 25.

9. The Application stands disposed of.

I.A. 17952/2025(Exemption from advance service to the Defendants)

10. This is an Application filed by the Plaintiff under Section 151 of the CPC seeking exemption from advance service to the Defendants.

11. Mr. Dayan Krishnan, the learned Senior Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.

12. In view of the fact that the Plaintiff has sought an urgent ex parte ad-interim injunction, the exemption from advance service to the Defendants is granted.

13. The Application stands disposed of.

CS(COMM) 757/2025

14. Let the Plaint be registered as a Suit.

15. Issue Summons.

16. The learned Counsel for Defendant Nos. 6, 23 and 24 accepts Summons.

17. Let Summons be issued to the remaining Defendants through all permissible modes upon filing of the Process Fee.

18. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within four weeks from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record.

19. Liberty is granted to the Plaintiff to file Replication(s), if any, within thirty days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.

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

21. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

22. List before the Joint Registrar on 06.10.2025 for completion of service and pleadings.

I.A. 17948/2025(U/

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