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G. NARENDAR, VIJAYKUMAR A. PATIL
Matra Mobili Private Limited – Appellant
Versus
Madanapalle Retail Private Limited – Respondent
JUDGMENT
Vijaykumar A. Patil J.—This appeal is filed under Section 13(1A) of the Commercial Courts Act, 2015 read with order XLIII of the Code of Civil Procedure, 1908, assailing the order dated 17.08.2023 passed on I.A.Nos.1/2023 to 4/2023 in Com.O.S.No.909/2023 on the file of the LXXXIX Addl. City Civil and Sessions Judge, Bengaluru (for short, ‘the Commercial Court’).
2. The parties are referred to as per their respective ranking before the Commercial Court.
3. Brief facts giving rise to filing of this appeal are that the respondent-plaintiff has filed commercial suit seeking following prayers:—
“A. An order for permanent injunction restraining the Defendant, its officers, servants, agents, and all other persons claiming through or under them from, in any manner whatsoever, infringing, adopting and/or using the Plaintiff’s registered trademarks ‘Sunday’ and ‘Sunday Life’, or any other mark identically or deceptively similar thereto;
B. An order for permanent injunction restraining the Defendant, its officers, servants, agents, and all other persons claiming through or under them from, in any manner whatsoever, passing off their furniture and home furnishings as the furniture
Injunction – Grant or refusal of interim injunction is absolutely discretionary power of Commercial Court keeping in mind material available before it.
A plaintiff must use their registered trademark to claim infringement; failure to do so undermines the basis for an injunction.
The court emphasized the importance of weighing the interests of contesting parties and the limited scope for interference with the trial court's discretion in granting or refusing temporary injuncti....
Point of Law : Section 27 of Trade Marks Act provides that no action for infringement will lie in respect of an unregistered trade mark.
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 plaintiff must prove prior use of a trademark to obtain a temporary injunction, and delays in seeking relief can adversely affect the case.
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....
A plaintiff cannot file multiple suits for the same cause of action concurrently in different jurisdictions; it constitutes forum shopping and is impermissible under Order II Rule 2 CPC.
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