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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA
Deepak Kumar Khemka – Appellant
Versus
Yogesh Kumar Jaiswal – Respondent
| Table of Content |
|---|
| 1. cause of action is based on trademark application. (Para 4 , 5) |
| 2. court's reasoning on sustaining a cause of action. (Para 8 , 11 , 12 , 13 , 14) |
| 3. no cause of action based on mere trademark application. (Para 15 , 16 , 17 , 21) |
| 4. infringement requires actual use of trademark. (Para 20 , 22 , 24) |
| 5. appeal dismissed summarily. (Para 27) |
JUDGMENT :
C. HARI SHANKAR, J.
1. This appeal assails order dated 4/5 June 2025, passed by the learned District Judge (Commercial Court-02), [“the learned Commercial Court” hereinafter] in CS (Comm) 391/2024.
2. By the impugned order, the learned Commercial Court has dismissed CS (Comm) 391/2024, instituted by the appellant, under Order VII Rule 11 of the CPC, [Code of Civil Procedure, 1908] on the ground that it did not disclose any sustainable cause of action, on the basis of which the suit could be maintained.
3. The facts are not in dispute.
4. The appellant claimed to be manufacturing and selling articles of tobacco, matchboxes, supari, pan masala, mouth freshener, aerated water and non-alcoholic drinks, among other goods, under the trade marks “SHUDH, SHUDH PLUS and SHUDH PLUS ULTRA LABEL”. The plaint refers to these marks, collect
A cause of action for trademark infringement requires actual use of the mark, not merely an application for registration.
To establish trademark infringement, the plaint must demonstrate use 'in the course of trade'; mere display of a mark without commercial activity does not satisfy this requirement.
Each act of trademark infringement constitutes a fresh cause of action, allowing the aggrieved party to file a new suit for ongoing violations.
Point of Law : Trial Court would be justified in putting an end to vexatious, frivolous, meaningless and sham litigation. But this power may be exercised only where the plaint clearly discloses no ca....
In trademark infringement actions, a presumption of confusion arises if the defendant's mark is identical to that of the registered trademark, fostering the entitlement to interim injunction.
A plaint can be rejected under Order 7 Rule 11 of the C.P.C if it does not disclose a cause of action, and the absence of trademark registration at the time of filing negates claims of infringement.
The court upheld the plaintiff's rights as the prior user and registered owner of the trademark, granting an injunction against the defendant's use of a similar mark due to the likelihood of consumer....
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