Trademark infringement and passing off established due to deceptive similarity in marks.

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 and 135 of the Trade Marks Act, 1999 as well as Sections 51 and 62 of the Copyright Act, 1957, seeking a decree of permanent injunction against infringement of trademark, infringement of copyright and passing off, unfair competition, rendition of accounts, damages and delivery up with respect to Plaintiff’s registered trademark.

5. Let the plaint be registered as a suit.

6. Issue summons. Mr. Manoj Kumar Garg, learned counsel on behalf of the defendant accepts summon. He confirms the receipt of the suit paper-book and waives the right of formal service of summons.

7. The defendant is directed to file its written statement within thirty (30) days. The defendant shall also file affidavit of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.

8. The plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement. The replication shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendant, failing which the replication shall not be taken on record.

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

10. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

11. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

12. List before the learned Joint Registrar (J) for completion of pleadings on 16.09.2025

13. List before the Court on 12.01.2026.

I.A. 18740/2025 (Under Order XXXIX Rule 1 and 2 CPC)

14. This application under Order XXXIX, Rules 1 and 2 read with Section 151 CPC, has been filed by the plaintiff seeking following reliefs: -

a) Grant an ad-interim injunction in favour of the Plaintiff and against the Defendant against infringement of Plaintiff’s registered trademarks ‘COMBIFLAM’ under No. 426051, ‘COMBIFLAM VET’, under No. 2747470, under No. 3320487 and ‘COMBIFLAM, Pain gone, zindagi (life) on’ under No. 3559775 restraining the Defendant, its promoters, directors, assigns, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc. or anyone associated with them from using the mark COMBIPAR and objectionable trade dress/packaging/get-up/layout/colour combination/colour arrangement/overall representation/blister packaging/, or any other mark or marks, identical to or deceptively similar to or containing the Plaintiff’