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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMEET PRITAM SINGH ARORA
Sanofi Consumer Healthcare India Limited – Appellant
Versus
SGS Pharmaceutical Private Limited – Respondent
| Table of Content |
|---|
| 1. exemption from pre-litigation mediation granted in urgent cases. (Para 1 , 2 , 3) |
| 2. plaintiff seeks protection under trademark and copyright laws. (Para 4 , 5 , 16) |
| 3. ad-interim injunction requested due to trademark infringement. (Para 14 , 17) |
| 4. defendant's mark found to be deceptively similar to plaintiff's mark. (Para 19 , 20 , 24) |
| 5. court grants ad-interim injunction until matter is resolved. (Para 28 , 29 , 30) |
ORDER :
I.A. 18741/2025
1. This is an application under Section 12A (1) of the Commercial Courts Act, 2015 [‘Act of 2015’] read with Section 151 of the Code of Civil Procedure, 1908 [‘CPC’] seeking exemption from exhausting the remedy of pre-litigation mediation.
2. Having regard to the facts that the present suit contemplates urgent interim relief, and this Court is persuaded to grant an ad-interim injunction in the facts of this case as well as in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi, [(2024) 5 SCC 815], exemption from the requirement of pre-institution mediation is granted to the plaintiff.
3. Accordingly, the application stands disposed of.
CS(COMM) 789/2025
4. The present suit has been filed under Sections 134
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Trademark infringement and passing off established due to deceptive similarity in marks.
The court granted an ex parte ad interim injunction against the defendants for using a deceptively similar trademark, prioritizing public health and safety.
The court established that the plaintiff's established goodwill and the likelihood of consumer confusion justified granting an interim injunction against the defendant's use of an identical trademark....
Registered trademarks are protected against similar marks that may cause consumer confusion, justifying injunctions for infringement and passing off.
The court granted an injunction against defendants for trademark infringement, emphasizing consumer safety and the risk of confusion caused by similar branding.
The court upheld the protection of trademarks and issued a permanent injunction against the Defendants for trademark infringement.
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